(1) The commissioner may place on probation, suspend, revoke, or refuse to issue or renew an adjuster's license, an insurance producer's license, a title insurance agent's license, or any surplus line broker's license, or may levy a civil penalty in accordance with RCW 48.17.560 or any combination of actions, for any one or more of the following causes:

     (a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application;

     (b) Violating any insurance laws, or violating any rule, subpoena, or order of the commissioner or of another state's insurance commissioner;

     (c) Obtaining or attempting to obtain a license through misrepresentation or fraud;

     (d) Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing insurance business;

     (e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;

     (f) Having been convicted of a felony;

     (g) Having admitted or been found to have committed any insurance unfair trade practice or fraud;

     (h) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere;

     (i) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;

     (j) Forging another's name to an application for insurance or to any document related to an insurance transaction;

     (k) Improperly using notes or any other reference material to complete an examination for an insurance license;

     (l) Knowingly accepting insurance business from a person who is required to be licensed under this title and is not so licensed, other than orders for issuance of title insurance on property located in this state placed by a nonresident title insurance agent authorized to act as a title insurance agent in the title insurance agent's home state; or

     (m) Obtaining a loan from an insurance client that is not a financial institution and who is not related to the insurance producer by birth, marriage, or adoption, except the commissioner may, by rule, define and permit reasonable arrangements.

     (2) The license of a business entity may be suspended, revoked, or refused if the commissioner finds that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership or corporation, and the violation was neither reported to the commissioner nor corrective action taken.

     (3) The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and this title against any person who is under investigation for or charged with a violation of this chapter or this title, even if the person's license or registration has been surrendered or has lapsed by operation of law.

     (4) The holder of any license which has been revoked or suspended shall surrender the license certificate to the commissioner at the commissioner's request.

     (5) The commissioner may probate a suspension or revocation of a license under reasonable terms determined by the commissioner. In addition, the commissioner may require a licensee who is placed on probation to:

     (a) Report regularly to the commissioner on matters that are the basis of the probation;

     (b) Limit practice to an area prescribed by the commissioner; or

     (c) Continue or renew continuing education until the licensee attains a degree of skill satisfactory to the commissioner in the area that is the basis of the probation.

     (6) At any time during a probation term where the licensee has violated the probation order, the commissioner may:

     (a) Rescind the probation and enforce the commissioner's original order; and

     (b) Impose any disciplinary action permitted under this section in addition to or in lieu of enforcing the original order.

[2007 c 117 § 29; 1973 1st ex.s. c 152 § 2; 1969 ex.s. c 241 § 11; 1967 c 150 § 23; 1947 c 79 § .17.53; Rem. Supp. 1947 §45.17.53 .]

NOTES:

     Severability -- 1973 1st ex.s. c 152: See note following RCW 48.05.140.