W. Va. Code R. § 114-103-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-103-11 - License Suspension and Revocation

11.1. Any license issued pursuant to this rule may, after notice and hearing pursuant to W. Va. Code §§ 33-2-12 and 33-2-13, be suspended or revoked for good cause at any time by the Commissioner. Good cause includes, but is not limited to:

11.1.1. Any cause for which issuance of the license could have been denied;

11.1.2. Violation of any laws of this State, lawful rule, or order of the Commissioner;

11.1.3. Material misstatement, misrepresentation, or fraud in obtaining the license or on the license application or renewal application;

11.1.4. Misappropriation, conversion, or unlawful withholding of monies or property belonging to insurers, insureds, or others received in the conduct of business under the license;

11.1.5. Conviction of, or having entered a plea of guilty or no contest to, any felony crime that substantially relates to the occupation of a bail bondsman and poses a reasonable threat to public safety;

11.1.6. Fraudulent or dishonest practices or demonstrating financial irresponsibility in conducting business under the license;

11.1.7. When the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on bonding business or making continuance in the business detrimental to the public interest;

11.1.8. Misrepresentation of the terms of any actual or proposed bond;

11.1.9. Forging the name of another to a bond or application for bond;

11.1.10. Willful failure to return collateral security when the principal is entitled thereto;

11.1.11. Failing to notify the Commissioner of a change of legal name, residence address, business address, mailing address, e-mail address, or telephone number within 30 days after a change is made, or failing to respond to a properly mailed notification within a reasonable amount of time;

11.1.12. Failing to file a report as required by this rule or filing a materially untrue report;

11.1.13. Filing false affidavits;

11.1.14. Failing to pay any required fees or forfeited bonds to a court;

11.1.15. Failing to pay any required fee to the Commissioner;

11.1.16. Posting a bond for any defendant without first obtaining a written or oral agreement with the defendant or cosigner of the bond; or

11.1.17. Committing any of the prohibited acts set forth in section 5 of this rule.

11.2. If a bondsman's authority to post bonds in this State is suspended or revoked for any reason, said bondsman remains responsible for any and all bonds which were outstanding at the time of the suspension or revocation.

11.3. In addition to any applicable denial, suspension or revocation of a license, any person violating any provision of subsection 11.1 of this rule may be subject to a civil penalty of not more than $100 per occurrence.

11.4. The Commissioner shall retain jurisdiction as to any person who cancels his or her bail bondsman's license or allows the license to expire, or otherwise lapse, if the person while licensed as a bail bondsman allegedly violated any provisions of this rule.

W. Va. Code R. § 114-103-11