Sec. 4102.201. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE  


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  • (a) The commissioner may deny an application for a license under this chapter or suspend or revoke a license issued under this chapter on the basis of:

    (1) a violation of this chapter or of any rule adopted by the commissioner under this chapter;

    (2) a cause that constitutes grounds for denial of an original license;

    (3) misrepresentation or fraud in obtaining a license;

    (4) failure to pass a required license examination;

    (5) the misappropriation or conversion of money required to be held in a fiduciary capacity;

    (6) material misrepresentation, with intent to deceive, of the terms of an insurance contract;

    (7) engaging in a fraudulent transaction;

    (8) demonstrated incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the commissioner;

    (9) conviction of a felony by a final judgment in a court of competent jurisdiction; or

    (10) material misrepresentation, with intent to deceive, of the person's status as a public insurance adjuster.

    (b) If the department proposes to refuse to issue an original license under this chapter or to suspend, revoke, or refuse to renew a license under this chapter, the person affected is entitled to notice and hearing as provided by Section 4005.104.

    (c) A final order entered as a result of a hearing under this section may be appealed to a court of competent jurisdiction as provided by Subchapter D, Chapter 36.

    (d) An order suspending a license issued under this chapter must specify the period of the suspension not to exceed 12 months.

    (e) The holder of a license that is revoked or suspended for cause shall surrender the license to the commissioner on demand.

    (f) The commissioner may issue a license or reinstate a suspended or revoked license on a finding that the cause for suspension, revocation, or refusal no longer exists.

Added by Acts 2005, 79th Leg., Ch. 728 , Sec. 11.082(a), eff. September 1, 2005.