Section 374.787

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 01 Jan 2005, see footnote   

  374.787.  Complaint procedure. — 1.  The director may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any surety recovery agent or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:

  (1)  Violation of any provisions of, or any obligations imposed by, the laws of this state, the department of commerce and insurance rules and regulations, or aiding or abetting other persons to violate such laws, orders, rules, or regulations;

  (2)  Final adjudication or a plea of guilty or nolo contendere in a criminal prosecution under state or federal law for a felony or a crime involving moral turpitude, whether or not a sentence is imposed;

  (3)  Using fraud, deception, misrepresentation, or bribery in securing a license or in obtaining permission to take any examination required by sections 374.783 to 374.789;

  (4)  Obtaining or attempting to obtain any compensation as a surety recovery agent by means of fraud, deception, or misrepresentation;

  (5)  Acting as a surety recovery agent or aiding or abetting another in acting as a surety recovery agent without a license;

  (6)  Incompetence, misconduct, gross negligence, fraud, or misrepresentation in the performance of the functions or duties of a surety recovery agent;

  (7)  Having a license revoked or suspended that was issued by another state.

  2.  After the filing of the complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621.  Upon a finding by the administrative hearing commission that one or more of the causes stated in subsection 1 of this section have been met, the director may suspend or revoke the license or enter into an agreement for a monetary or other penalty pursuant to section 374.280.

  3.  In lieu of filing a complaint with the administrative hearing commission, the director and the surety recovery agent may enter into an agreement for a monetary or other penalty pursuant to section 374.280.

  4.  In addition to any other remedies available, the director may issue a cease and desist order or may seek an injunction in a court of law pursuant to section 374.046 whenever it appears that any person is acting as a surety recovery agent without a license.

­­--------

(L. 2004 S.B. 1122)

Effective 1-01-05