58-29D-31. Grounds for denial, suspension, or revocation of license or registration.
The application or annual renewal shall be denied and the license or registration of an administrator shall be suspended or revoked if the director finds that the administrator or applicant:
(1)Is in an unsound financial condition;
(2)Is using such methods or practices in the conduct of its business so as to render its further transaction of business in this state hazardous or injurious to insured persons or the public;
(3)Has failed to pay any judgment rendered against it in this state within sixty days after the judgment has become final;
(4)Has violated any lawful rule or order of the director or any provision of the insurance laws of this state;
(5)Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers has refused to give information with respect to its affairs or has refused to perform any other legal obligation as to such examination, if required by the director;
(6)Has, without just cause, refused to pay proper claims or perform services arising under its contracts or has, without just cause, caused covered individuals to accept less than the amount due them or caused covered individuals to employ attorneys or bring suit against the administrator to secure full payment or settlement of such claims;
(7)Is affiliated with or under the same general management or interlocking directorate or ownership as another administrator or insurer which unlawfully transacts business in this state without having a license;
(8)At any time fails to meet any qualification for which issuance of the certificate could have been refused had such failure then existed and been known to the Division of Insurance;
(9)Has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony without regard to whether adjudication was withheld;
(10)Is under suspension or revocation in another state; or
(11)Has supplied false information to the director.
Source: SL 1992, ch 352, §31; SL 2001, ch 285, §5; SL 2013, ch 253, §3.
Structure South Dakota Codified Laws
Chapter 29D - Regulation Of Life And Health Administrators
Section 58-29D-1 - Definition of terms.
Section 58-29D-2 - Administrator defined--Exceptions.
Section 58-29D-3 - Insurer defined.
Section 58-29D-4 - Written agreement between administrator and insurer.
Section 58-29D-5 - Provisions of written agreement.
Section 58-29D-6 - Termination of written agreement--Suspension of underwriting authority--Dispute.
Section 58-29D-8 - Recordkeeping by administrator.
Section 58-29D-9 - Director's access to administrator's records--Confidentiality.
Section 58-29D-10 - Insurer's ownership of administrator's records.
Section 58-29D-11 - Transfer of records to new administrator.
Section 58-29D-12 - Advertising--Approval of insurer.
Section 58-29D-14 - Fiduciary capacity of administrator--Accounting of underwriting transactions.
Section 58-29D-15 - Records of deposits and withdrawals from fiduciary account.
Section 58-29D-16 - Provisions in written agreement as to withdrawals from fiduciary account.
Section 58-29D-18 - Compensation of administrator.
Section 58-29D-20 - Delivery of written communications from insurer.
Section 58-29D-21 - Administrator's license or registration required.
Section 58-29D-22 - Application by administrator--Contents--Fee.
Section 58-29D-22.1 - Annual financial statement--Contents of application--Required audit.
Section 58-29D-23 - Inspection of applicant's contracts.
Section 58-29D-24 - Denial of license.
Section 58-29D-25 - Validity of license.
Section 58-29D-26 - Conditions not requiring license.
Section 58-29D-27 - Servicer of certain employee benefit plans--Exempt from licensure--Requirements.
Section 58-29D-28 - Notice of administrator's change in circumstance.
Section 58-29D-29 - Waiver of application requirements.
Section 58-29D-30 - Annual renewal of administrator--Fee--Lapse of license or registration.
Section 58-29D-31 - Grounds for denial, suspension, or revocation of license or registration.
Section 58-29D-32 - Immediate suspension of license--No notice required.
Section 58-29D-33 - Money penalty in lieu of suspension or revocation.