Utah Code 31A-40-402. Disciplinary action
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(1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:
Terms Used In Utah Code 31A-40-402
- Application: means a document:(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
- controlling person: means a person who, individually or acting in concert with one or more persons, owns, directly or indirectly, 10% or more of the equity interest in a professional employer organization. See Utah Code 31A-40-102
- Fraud: Intentional deception resulting in injury to another.
- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Licensee: means a person licensed under this chapter. See Utah Code 31A-40-102
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
(1)(a) is violating or has violated Section 31A-40-401; or(1)(b)(1)(b)(i) is a:(1)(b)(i)(A) professional employer organization licensed under this chapter; or(1)(b)(i)(B) controlling person of a professional employer organization licensed under this chapter; and(1)(b)(ii) is convicted of a crime that relates to:(1)(b)(ii)(A) the operation of a professional employer organization;(1)(b)(ii)(B) fraud or deceit; or(1)(b)(ii)(C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.(2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may:(2)(a) deny an application for a license;(2)(b) revoke, restrict, or refuse to renew a license;(2)(c) place a licensee on probation for the period and subject to conditions specified by the commissioner;(2)(d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or(2)(e) issue a cease and desist order.