|
D.__The licensee or any officer, partner, director, member or | key management personnel of the licensee has been found guilty | of, or has pleaded guilty or nolo contendere to, any crime | involving fraud or moral turpitude, regardless of whether a | judgment of conviction has been entered by the court; |
|
| E.__The settlement provider has entered into any settlement | contract that has not been approved pursuant to this | chapter; |
|
| F.__The settlement provider has failed to honor contractual | obligations set out in a settlement contract; |
|
| G.__The settlement provider no longer meets the requirements | for initial licensure; |
|
| H.__The settlement provider has assigned, transferred or | pledged a policy acquired pursuant to a settlement contract | to a person other than a settlement provider licensed in | this State, an accredited investor or qualified | institutional buyer as defined respectively in Regulation D, | Rule 501 and Rule 144A of the Federal Securities Act of | 1933, as amended, a financing entity, a special purpose | entity or a related provider trust; or |
|
| I.__The licensee has violated any of the provisions of this | chapter or any rules adopted pursuant to this chapter. |
|
| | 2. Hearing. Before the superintendent may deny a license | application or suspend, revoke or refuse to renew the license of | a viatical settlement provider, the licensee or applicant has an | opportunity for a hearing in accordance with Title 5, chapter | 375, subchapter IV 4. |
|
| | 3. Administrative penalty. The superintendent may, in | addition to denying a license application or suspending or | revoking a license, assess an administrative civil forfeiture of | $500 for each willful violation of this chapter. This section | may not be construed to diminish the penalties available for any | violation of chapter 23, in addition to any penalties authorized | under section 12-A. |
|
| | Sec. 8. 24-A MRSA §6805, as enacted by PL 1997, c. 430, §1 and | affected by §2, is amended to read: |
|
| §6805. Approval of settlements contracts; disclosure statements |
|
|