Missouri Revised Statutes
Chapter 374 - Department of Commerce and Insurance
Section 374.787 - Complaint procedure.

Effective - 01 Jan 2005
374.787. Complaint procedure. — 1. The director may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any surety recovery agent or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
(1) Violation of any provisions of, or any obligations imposed by, the laws of this state, the department of commerce and insurance rules and regulations, or aiding or abetting other persons to violate such laws, orders, rules, or regulations;
(2) Final adjudication or a plea of guilty or nolo contendere in a criminal prosecution under state or federal law for a felony or a crime involving moral turpitude, whether or not a sentence is imposed;
(3) Using fraud, deception, misrepresentation, or bribery in securing a license or in obtaining permission to take any examination required by sections 374.783 to 374.789;
(4) Obtaining or attempting to obtain any compensation as a surety recovery agent by means of fraud, deception, or misrepresentation;
(5) Acting as a surety recovery agent or aiding or abetting another in acting as a surety recovery agent without a license;
(6) Incompetence, misconduct, gross negligence, fraud, or misrepresentation in the performance of the functions or duties of a surety recovery agent;
(7) Having a license revoked or suspended that was issued by another state.
2. After the filing of the complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a finding by the administrative hearing commission that one or more of the causes stated in subsection 1 of this section have been met, the director may suspend or revoke the license or enter into an agreement for a monetary or other penalty pursuant to section 374.280.
3. In lieu of filing a complaint with the administrative hearing commission, the director and the surety recovery agent may enter into an agreement for a monetary or other penalty pursuant to section 374.280.
4. In addition to any other remedies available, the director may issue a cease and desist order or may seek an injunction in a court of law pursuant to section 374.046 whenever it appears that any person is acting as a surety recovery agent without a license.
­­--------
(L. 2004 S.B. 1122)
Effective 1-01-05

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 374 - Department of Commerce and Insurance

Section 374.005 - Department created, duties — definitions.

Section 374.007 - Statutory reference changes authorized.

Section 374.010 - Department — general powers.

Section 374.015 - Issuance of bulletins by director — definitions — bulleting not to have force and effect of law and are not binding.

Section 374.018 - Issuance of no-action letters by director — definitions — effect of letters — duty of department — letters not public records.

Section 374.020 - Director — qualifications — appointment.

Section 374.030 - Director — oath — bond.

Section 374.040 - Director — duties — administrative hearing commission law not applicable.

Section 374.045 - Director authorized to make rules and regulations, procedure, this chapter.

Section 374.046 - Relief issued by director for violations of state laws — considerations — notice — effective date of order — contents of order, procedures — penalty — costs — powers of director — service — order filed — noncompliance — modification...

Section 374.047 - Willful violation of state law, order — notice.

Section 374.048 - Violations of state laws, action in circuit court — relief — bond — venue — judgment — fund created.

Section 374.049 - Classification of violations — orders, penalties — enhancement of penalties — reduction of penalties — deposit and use of penalties — effective date.

Section 374.050 - Seal of office — effect.

Section 374.051 - Refusal of license and nonrenewal, applicant may appeal, procedure.

Section 374.055 - Grievance procedure.

Section 374.056 - Rulemaking authority, delivery methods.

Section 374.057 - Filing of records and signatures authorized when in compliance with federal law.

Section 374.060 - Office location and hours.

Section 374.070 - Office and records, public — copies — records disposed of or destroyed, when.

Section 374.071 - Insurance records exempt from public disclosure — release permitted, when.

Section 374.075 - Divisions, director may establish.

Section 374.080 - Deputy director, appointment, powers — governor to appoint, when.

Section 374.085 - Division of consumer affairs, duties — legal adviser may assist.

Section 374.090 - Actuary, chief market conduct examiner and chief financial examiner, qualifications — bond required.

Section 374.100 - Actuary — duties — fees.

Section 374.110 - Examiner — duties — assistants — fees.

Section 374.120 - Director to appoint employees — legal counsel — reinsurance analyst, qualifications.

Section 374.130 - Chief clerk, duties and powers.

Section 374.150 - Fees paid to director, exception — insurance dedicated fund established, purpose — lapse into general revenue, when.

Section 374.160 - Expenses, how paid — state liability — assessment against companies, director to make, how.

Section 374.162 - Insurance examiners fund, established — assessments against insurer, how determined, when.

Section 374.170 - Forms furnished companies.

Section 374.180 - Director to prepare report — publication — special reports.

Section 374.182 - Organization plan to be submitted — contents.

Section 374.184 - Director to prescribe by rule uniform claim forms for reporting — consultation, hearing — contents of forms — companies may request additional information — effective date of regulations.

Section 374.185 - Uniformity of regulation, director to cooperate.

Section 374.190 - Investigation of companies.

Section 374.191 - Interest rate on certain claims, refunds, penalties, or payments under legal or remedial actions — inapplicable, when.

Section 374.194 - Health coverage providers to be subject to jurisdiction of department, exceptions — examination to be performed, when — requirements of health coverage providers.

Section 374.202 - Purpose of law — definitions.

Section 374.205 - Examination, director may conduct when, required when — duties — nonresident insurer, options, procedures — reports, contents, use of — hearings, procedures — working papers, records, confidential.

Section 374.207 - Examiners, appointment of, restrictions — expenses of examination, how paid — immunity of director, examiners.

Section 374.210 - False testimony — refusal to furnish information — penalties.

Section 374.215 - Failure to timely file report or statement, penalty.

Section 374.216 - False financial statements, filing of — penalty.

Section 374.217 - Covenant not to sue officers of insurer, prohibited — no force and effect.

Section 374.220 - Expenses, how paid.

Section 374.230 - Fees — paid to director.

Section 374.240 - Suit to recover fees — penalties.

Section 374.245 - Director or director of revenue may make supplemental assessment for certain premium taxes, when.

Section 374.250 - Accounts of director.

Section 374.270 - Department may elect workers' compensation coverage — coverage, how provided.

Section 374.280 - Civil penalty or forfeiture ordered when, how enforced.

Section 374.284 - Health insurance advisory committee established, members, duties.

Section 374.285 - Expungement of certain disciplinary action records.

Section 374.300 - Financial institution defined.

Section 374.305 - Conditioning loan on purchase of credit insurance from certain persons prohibited — freedom of selection of insurer required.

Section 374.310 - Refusal to grant or renew insurance license, when.

Section 374.350 - Short title.

Section 374.351 - Intent of compact.

Section 374.352 - Compact.

Section 374.400 - Definitions.

Section 374.405 - Reports of premiums and loss data required, when — director may review.

Section 374.410 - Director to be notified of changes in town grading schedules — may set aside, when.

Section 374.415 - Product liability insurance reports required — when — contents.

Section 374.420 - Insurers not liable because of compliance.

Section 374.425 - Time for compliance may be waived or extended.

Section 374.426 - Health care financing entities and health care providers to provide data, contents, when — duties of department — scoring, limitations on.

Section 374.450 - Definitions.

Section 374.455 - Premium and loss data, annual report — available to public.

Section 374.500 - Definitions.

Section 374.503 - Certificate required for utilization review agents, exceptions.

Section 374.505 - Application for certificate, content, form, fee.

Section 374.507 - Information may be required by department of commerce and insurance.

Section 374.510 - Minimum requirements for utilization review agents.

Section 374.512 - Violation of regulations, notice to agent — powers of director to discipline — penalties.

Section 374.515 - Rules and regulations authorized.

Section 374.695 - Citation of law.

Section 374.700 - Definitions.

Section 374.702 - License required, restrictions on practice.

Section 374.705 - Department, powers and duties — fees, how determined.

Section 374.710 - License required for bail bond agents, application, qualifications — exceptions.

Section 374.715 - Application, form, qualifications, fee — monetary assignment required, amount, effective when.

Section 374.716 - Accounting required, when — records submitted to director — bail contract provided to principal.

Section 374.717 - Prohibited acts.

Section 374.719 - Collateral security accepted, when — receipt required — used to reimburse costs, when — records to be retained.

Section 374.720 - Examination, form, content — reexamination fee.

Section 374.730 - License, biannual renewal, fee.

Section 374.740 - Nonresident license requirements.

Section 374.750 - Refusal to issue or renew license — applicant's right to hearing.

Section 374.755 - Complaint by department, procedure — grounds — disciplinary action — alternate procedure — additional remedy.

Section 374.757 - Notification by agent of intention to apprehend — local law enforcement may accompany agent — violations, penalties.

Section 374.759 - Access to court records, when — defendant access to bail bond agent, how — agents qualified in all jurisdictions in the state.

Section 374.760 - Unsatisfied judgments, affidavit filed monthly, form — content.

Section 374.763 - Collection from surety after forfeiture — list of qualified bail bond agents to be furnished monthly to circuit courts.

Section 374.764 - Alleged violations and complaints, procedure.

Section 374.770 - Bond forfeiture, when — exception, defendant incarcerated in United States, procedure — surety's duties — violation of bond, rights and obligations of bondsman.

Section 374.775 - Bonds of one thousand dollars or less — fee — additional fee — prohibited.

Section 374.783 - Surety recovery agents, license required — director to license, powers.

Section 374.784 - Application for licensure, contents, qualifications — refusal to issue license, when.

Section 374.785 - Apprehension of defendant, permitted where.

Section 374.786 - Renewal, procedure.

Section 374.787 - Complaint procedure.

Section 374.788 - Apprehension standards for breach of surety agreement or absconding.

Section 374.789 - Prohibited acts.

Section 374.790 - Workers' compensation, residual market, department to submit report to general assembly, contents.

Section 374.800 - Contracts by the department in excess of $100,000 to be reviewed and approved by the attorney general.