36-85-12. Revocation, suspension, or refusal to renew certificate of authority; hearing; voluntary dissolution of fund.

The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:#

1. (1)

   Any certificate of authority issued to the agency was obtained by fraud;#

2. (2)

   There was any material misrepresentation in the application for the certificate of authority;#

3. (3)

   The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent;#

4. (4)

   The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter;#

5. (5)

   The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or#

6. (6)

   The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.#

Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund’s members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.#

No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:#

1. (1)

   Written approval is first obtained from the Commissioner; and#

2. (2)

   The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.#