Texas Finance Code 154.109 – Grounds for Cancellation or Suspension of or Refusal to Renew Permit
(a) The commissioner by order may cancel or suspend a permit if the commissioner finds, by examination or other credible evidence, that the permit holder:
(1) violated this chapter or another law of this state relating to the sale of prepaid funeral benefits, including a final order of the commissioner or rule of the commission;
(2) misrepresented or concealed a material fact in the permit application; or
(3) obtained, or attempted to obtain, the permit by misrepresentation, concealment, or fraud.
(b) The commissioner by order may refuse to renew a permit if the commissioner finds, by examination or other credible evidence, that the permit holder does not possess a qualification required by § 154.103(b) for issuance of an initial permit, or that the permit holder:
(1) committed one or more of the acts described by Subsection (a); and
(2) did not correct the violation before the 31st day after the date of written notice from the commissioner.
Terms Used In Texas Finance Code 154.109
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The commissioner may cancel the permit of a seller that fails to provide to the department evidence of payment of insurance premiums required by the department under § 154.203 after the department by written notice requests the evidence.
(d) The commissioner may place on probation a permit holder whose permit is suspended. If a permit suspension is probated, the commissioner may require the permit holder:
(1) to report regularly to the department on matters that are the basis of the probation; or
(2) to limit its activities as prescribed by the commissioner.