Pennsylvania Act 1931-211 — INSURANCE LICENSES, PREVENTING FRAUDULENT OBTAINING

Act text

INSURANCE LICENSES, PREVENTING FRAUDULENT OBTAINING
                 Act of Jun. 22, 1931, P.L. 622, No. 211              Cl. 40
                                  AN ACT

     To prevent fraudulent procedure in obtaining licenses or
        certificates from the Insurance Department, or altering
        licenses or certificates issued by the Insurance Department;
        and providing penalties.

        Section 1.  Frauds in obtaining licenses or certificates;
     powers of commissioner in case of violation of act; hearing;
     appeal
        Any person, copartnership, or corporation, (a)
     misrepresenting his, their, or its qualifications to the
     Insurance Department, or making false statements in applications
     for any license or certificate; or (b) any person impersonating
     or attempting or offering to impersonate another person in
     taking or attempting or offering to take any examination held in
     accordance with the rules and regulations of the Insurance
     Department; or (c) taking or attempting or offering to take such
     examination in the name of any other person; or (d) procuring
     any other person falsely to take or attempt or offer to take any
     such examination for an applicant; or (e) having in his
     possession examination papers to be used in any such examination
     when not contained in their sealed wrappers, or copies of such
     papers at any time prior to the dates set for such examination
     unless duly authorized by the Insurance Department, or agents
     thereof; or (f) selling or offering to sell, prior to the
     examination, examination papers or any question prepared for use
     in any examination held in accordance with the rules of the
     Insurance Department; or (g) using in any such examination any
     question papers or questions, or securing or preparing the
     answers to such questions prior to the time set for the
     examination; or (h) transmitting to the Insurance Department
     answers to questions used in any such examination which are
     prepared or written outside of the period of examination, or
     altering any such answer after such period is closed; or (i)
     securing or attempting to secure fraudulently any credential
     regularly issued by the Insurance Department which is based upon
     such examinations; or (j) altering licenses or certificates in
     such manner as to misrepresent the authority granted under the
     license or certificate,--- shall be guilty of a misdemeanor,
     and, upon conviction thereof, shall be sentenced to pay a fine
     of not less than one hundred dollars ($100.00) nor more than
     five hundred dollars ($500.00), or undergo imprisonment for a
     period of not less than thirty (30) days nor more than six (6)
     months, or both, at the discretion of the court. Upon
     satisfactory evidence of the violation of this act by any
     person, co-partnership, or corporation licensed as an insurance
     agent or broker, the Insurance Commissioner may, in his
     discretion, pursue any one or more of the following courses: (1)
     Suspend or revoke the license of such offending person, co-
     partnership, or corporation; (2) refuse, for a period of not to
     exceed one year thereafter, to issue a new license to such
     person, co-partnership, or corporation; (3) impose a fine of not
     more than one thousand dollars ($1,000.00) for each act of
     violation of this act.
        Before the Insurance Commissioner shall take any action as
     above set forth, he shall give written notice to the person,
     company, association, or exchange accused of violating the law,
     stating specifically the nature of such alleged violation, and
     fixing a time and place, at least ten (10) days thereafter, when
     a hearing of the matter shall be held. After such hearing or
     upon failure of the accused to appear at such hearing, the
     Insurance Commissioner shall impose such of the above penalties
     as he deems advisable.
        (1 repealed in part Apr. 28, 1978, P.L.202, No.53)