Suspension, revocation, and refusal to renew license; hearing
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The commissioner may suspend, revoke or refuse to renew the license of a viatical settlement provider, viatical settlement representative or viatical settlement broker if the commissioner finds that:
There was any material misrepresentation in the application for the license;
The licensee or any officer, partner or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action or is otherwise shown to be untrustworthy or incompetent;
The viatical settlement provider demonstrates a pattern of unreasonable payments to viators;
The licensee has been found guilty of, or has pleaded guilty or nolo contendere to, any felony or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court;
The viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract;
The licensee no longer meets the requirements for initial licensure;
The viatical settlement provider has assigned, transferred or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state or a financing entity; or
The licensee has violated any provision of Sections 83-7-201 through 83-7-223.
Before the commissioner shall deny a license application or suspend, revoke or refuse to renew the license of a viatical settlement provider, viatical settlement broker or viatical settlement representative, the commissioner shall conduct a hearing in accordance with Section 25-43-1 et. seq.