Sec. 38a-164. (Formerly Sec. 38-294). Revocation, suspension or refusal to renew license. Hearing. Fine. Petition to show cause.
Sec. 38a-164. (Formerly Sec. 38-294). Revocation, suspension or refusal to renew license. Hearing. Fine. Petition to show cause. (a) The commissioner may revoke,
suspend or refuse to renew the license of any insurance premium finance company if
after investigation it appears to the commissioner that (1) any license issued to such
company was obtained by fraud; or (2) there was any misrepresentation in the application
for the license; or (3) the holder of such license has otherwise shown himself untrustworthy or incompetent to act as an insurance premium finance company; or (4) such company has violated any of the provisions of sections 38a-160 to 38a-170, inclusive; or
(5) such company has been rebating part of the service charge, permitted under section
38a-168, to any insurance agent or any employee of an insurance agent or to any other
person as an inducement to the financing of any insurance policy with such insurance
premium finance company.
(b) Before the commissioner may revoke, suspend, or refuse to renew the license
of any insurance premium finance company for cause shown, the commissioner shall
give to such company an opportunity to be fully heard and to introduce evidence on its
behalf. In addition to or in lieu of such suspension or revocation of any license the
commissioner may impose a fine not to exceed five thousand dollars for each violation
of any of the provisions of subsection (a) of this section, and if the commissioner finds
that the public interest would not be substantially harmed by the continued operation
of such company, the commissioner shall not be required to suspend, revoke or refuse
to renew any such license. The amount of any such fine shall be paid to the commissioner
for deposit in the General Fund. In any hearing held under the provisions of sections
38a-160 to 38a-170, inclusive, the commissioner, or any hearing officer duly appointed
by the commissioner, may administer oaths to witnesses and any person testifying
falsely, after being administered such oath, shall be guilty of perjury.
(c) Any person aggrieved by the action of the commissioner in revoking, suspending, or refusing to grant or reissue a license or in imposing a fine may appeal
therefrom in accordance with the provisions of section 4-183. Appeals under this section
shall be privileged in respect to the order of trial assignment.
(1971, P.A. 425, S. 5; 870, S. 127; P.A. 76-436, S. 634, 681; P.A. 77-603, S. 120, 125; P.A. 08-178, S. 7.)
History: Later 1971 act replaced superior court with court of common pleas in Subsec. (c), effective September 1, 1971,
except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced
court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous provisions re petitions
to court in Subsec. (c) with provision requiring that appeals be made in accordance with Sec. 4-183, retaining privilege re
order of trial assignment; Sec. 38-294 transferred to Sec. 38a-164 in 1991; P.A. 08-178 amended Subsec. (b) by making
technical changes and increasing maximum fine from $1,000 to $5,000 per violation.