Indiana Code 27-10-3-8. Denial, suspension, or revocation of licenses; refusal to renew
(1) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.
Terms Used In Indiana Code 27-10-3-8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Continuance: Putting off of a hearing ot trial until a later time.
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(3) Material misstatement, misrepresentation, or fraud in obtaining the license.
(4) Misappropriation, conversion, or unlawful withholding of money belonging to insurers or others and received in the conduct of business under any license issued to the licensee by the commissioner.
(5) Fraudulent or dishonest practices in the conduct of business under any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of any proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licensee has, in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carry on the bail bond business or making the licensee’s continuance in such business detrimental to the public interest;
(C) that the licensee is no longer in good faith carrying on the bail bond business; or
(D) that the licensee is guilty of rebating, or offering to rebate, or unlawfully dividing, or offering to divide, the licensee’s commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be a source of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on the most recent tax warrant list supplied to the commissioner by the department of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issued by a court under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal).
(c) The commissioner may also levy a civil penalty of not more than ten thousand dollars ($10,000) for any of the causes listed in subsection (a). Any civil penalty levied under this subsection may be enforced in the same manner as a civil judgment.
(d) When a person who holds a license under this chapter enters a plea of guilty to a disqualifying offense, the commissioner, immediately upon the court’s acceptance of the plea, shall revoke the person’s license. The commissioner shall revoke the license of any person who is convicted of a disqualifying offense immediately upon conviction. The pending of sentencing or the pending of an appeal of a conviction of a disqualifying offense does not stay the revocation of a license under this subsection. A person convicted of a felony is not eligible to reapply for a license until ten (10) years from the date of conviction or release from imprisonment, parole, or probation, whichever is later. A person convicted of a misdemeanor disqualifying offense is not eligible to reapply for a license until five (5) years from the date of conviction or release from imprisonment, parole, or probation, whichever is later.
As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5; P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114; P.L.207-2013, SEC.14.