RCW 48.115.035
Enforcement -- Commissioner may revoke,
suspend, or refuse to issue or renew license. (Effective until
July 1, 2009.)
(1) Every rental car agent licensed under this
chapter shall promptly reply in writing to an inquiry of the
commissioner relative to the business of car rental insurance.
(2)(a) In the event of a violation of this chapter by a
rental car agent, the commissioner may revoke, suspend, or refuse
to issue or renew any rental car agent's license that is issued
or may be issued under this chapter for any cause specified in
any other provision of this title, or for any of the following
causes:
(i) For any cause that the issuance of this license could
have been refused had it then existed and been known to the
commissioner;
(ii) If the licensee or applicant willfully violates or
knowingly participates in a violation of this title or any proper
order or rule of the commissioner;
(iii) If the licensee or applicant has obtained or attempted
to obtain a license through willful misrepresentation or fraud;
(iv) If the licensee or applicant has misappropriated or
converted funds that belong to, or should be paid to, another
person as a result of, or in connection with, a car rental or
insurance transaction;
(v) If the licensee or applicant has, with intent to
deceive, materially misrepresented the terms or effects of any
insurance contract, or has engaged, or is about to engage, in any
fraudulent transaction;
(vi) If the licensee or applicant or officer of the licensee
or applicant has been convicted by final judgment of a felony;
(vii) If the licensee or applicant is shown to be, and is
determined by the commissioner, incompetent or untrustworthy, or
a source of injury and loss to the public; and
(viii) If the licensee has dealt with, or attempted to deal
with, insurances, or has exercised powers relative to insurance
outside the scope of the car rental agent license or other
insurance licenses.
(b) If any natural person named under a firm or corporate
car rental agent license, or application therefore, commits or
has committed any act, or fails or has failed to perform any
duty, that constitutes grounds for the commissioner to revoke,
suspend, or refuse to issue or renew the license or application
for license, the commissioner may revoke, suspend, refuse to
renew, or refuse to issue the license or application for a
license of the corporation or firm.
(c) Any conduct of an applicant or licensee that constitutes
grounds for disciplinary action under this title may be addressed
under this section regardless of where the conduct took place.
(d) The holder of any license that has been revoked or
suspended shall surrender the license to the commissioner at the
commissioner's request.
(e) After notice and hearing the commissioner may impose
other penalties, including suspending the transaction of
insurance at specific rental locations where violations of this
section have occurred and imposing fines on the manager or
supervisor at each location responsible for the supervision and
conduct of each endorsee, as the commissioner determines
necessary or convenient to carry out the purpose of this chapter.
(3) The commissioner may suspend, revoke, or refuse to renew
any car rental agent license by an order served by mail or
personal service upon the licensee not less than fifteen days
prior to its effective date. The order is subject to the right
of the licensee to a hearing under chapter 48.04 RCW.
(4) The commissioner may temporarily suspend a license by an
order served by mail or personal service upon the licensee not
less than three days prior to its effective date. However, the
order must contain a notice of revocation and include a finding
that the public safety or welfare imperatively requires emergency
action. These suspensions may continue only until proceedings
for revocation are concluded. The commissioner may also
temporarily suspend a license in cases when proceedings for
revocation are pending if it is found that the public safety or
welfare imperatively requires emergency action.
(5) Service by mail under this section means posting in the
United States mail, addressed to the licensee at the most recent
address shown in the commissioner's licensing records for the
licensee. Service by mail is complete upon deposit in the United
States mail.
(6) If any person sells insurance in connection with or
incidental to rental car agreements, or holds himself or herself
or a company out as a rental car agent, without satisfying the
requirements of this chapter, the commissioner is authorized to
issue a cease and desist order.
[2002 c 273 § 8.]
RCW 48.115.035
Enforcement -- Commissioner may revoke,
suspend, or refuse to issue or renew license. (Effective July 1,
2009.)
(1) Every rental car insurance producer licensed under
this chapter shall promptly reply in writing to an inquiry of the
commissioner relative to the business of rental car insurance.
(2)(a) In the event of a violation of this chapter by a
rental car insurance producer, the commissioner may revoke,
suspend, or refuse to issue or renew any rental car insurance
producer's license that is issued or may be issued under this
chapter for any cause specified in any other provision of this
title, or for any of the following causes:
(i) For any cause that the issuance of this license could
have been refused had it then existed and been known to the
commissioner;
(ii) If the licensee or applicant willfully violates or
knowingly participates in a violation of this title or any proper
order or rule of the commissioner;
(iii) If the licensee or applicant has obtained or attempted
to obtain a license through willful misrepresentation or fraud;
(iv) If the licensee or applicant has misappropriated or
converted funds that belong to, or should be paid to, another
person as a result of, or in connection with, a rental car or
insurance transaction;
(v) If the licensee or applicant has, with intent to
deceive, materially misrepresented the terms or effects of any
insurance contract, or has engaged, or is about to engage, in any
fraudulent transaction;
(vi) If the licensee or applicant or officer of the licensee
or applicant has been convicted by final judgment of a felony;
(vii) If the licensee or applicant is shown to be, and is
determined by the commissioner, incompetent or untrustworthy, or
a source of injury and loss to the public; and
(viii) If the licensee has dealt with, or attempted to deal
with, insurances, or has exercised powers relative to insurance
outside the scope of the rental car insurance producer license or
other insurance licenses.
(b) If any natural person named under a firm or corporate
rental car insurance producer license, or application therefore,
commits or has committed any act, or fails or has failed to
perform any duty, that constitutes grounds for the commissioner
to revoke, suspend, or refuse to issue or renew the license or
application for license, the commissioner may revoke, suspend,
refuse to renew, or refuse to issue the license or application
for a license of the corporation or firm.
(c) Any conduct of an applicant or licensee that constitutes
grounds for disciplinary action under this title may be addressed
under this section regardless of where the conduct took place.
(d) The holder of any license that has been revoked or
suspended shall surrender the license to the commissioner at the
commissioner's request.
(e) After notice and hearing the commissioner may impose
other penalties, including suspending the transaction of
insurance at specific rental locations where violations of this
section have occurred and imposing fines on the manager or
supervisor at each location responsible for the supervision and
conduct of each endorsee, as the commissioner determines
necessary or convenient to carry out the purpose of this chapter.
(3) The commissioner may suspend, revoke, or refuse to renew
any rental car insurance producer license by an order served by
mail or personal service upon the licensee not less than fifteen
days prior to its effective date. The order is subject to the
right of the licensee to a hearing under chapter 48.04 RCW.
(4) The commissioner may temporarily suspend a license by an
order served by mail or personal service upon the licensee not
less than three days prior to its effective date. However, the
order must contain a notice of revocation and include a finding
that the public safety or welfare imperatively requires emergency
action. These suspensions may continue only until proceedings
for revocation are concluded. The commissioner may also
temporarily suspend a license in cases when proceedings for
revocation are pending if it is found that the public safety or
welfare imperatively requires emergency action.
(5) Service by mail under this section means posting in the
United States mail, addressed to the licensee at the most recent
address shown in the commissioner's licensing records for the
licensee. Service by mail is complete upon deposit in the United
States mail.
(6) If any person sells insurance in connection with or
incidental to rental car agreements, or holds himself or herself
or a company out as a rental car insurance producer, without
satisfying the requirements of this chapter, the commissioner is
authorized to issue a cease and desist order.
[2008 c 217 § 92; 2002 c 273 § 8.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.