(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 § 4005.104.

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Terms Used In Texas Insurance Code 4102.201

  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(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.

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