Page:United States Statutes at Large Volume 72 Part 1.djvu/65

 72 S T A T. ]

PUBLIC LAW 8 5 - 3 3 4 - F E B. 22, 1968

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it appears to the Superintendent that said license is sought primarily for the purpose of obtaining commissions on policies on which he on his own account pays or is to pay the premiums, or on which the premiums are paid or are to be paid by any person who receives or is to receive any benefit, direct or indirect, from the commissions obtained, or on which the premiums are paid or are to be paid by any partnership, association, or corporation of which he is a member." SEC. 7. That section 35 of chapter-II of the Fire and Casualty xVct (sec. 35-1339, D. C. Code, 1951 edition) is amended to read as follows: "SEC. 35. Upon application for renewal of an expiring license and cense".*''"^ °'"" the payment of the applicable fee prescribed in section 41, the Superintendent shall issue the license applied for when he is satisfied that the applicant therefor meets the conditions set forth in sections 32 and 36. Before the Superintendent shall refuse to renew any such license he shall give to the applicant an opportunity to be fully heard and to introduce evidence in his behalf. If the Superintendent shall refuse to renew any such license he shall give the applicant written notice thereof and he shall not, for a period of ten days from the date of that notice, take any action to stop the applicant from continuing in business, within which period the applicant may apply to any court as provided in section 45 hereof, for leave, in the discretion of the court, to continue in business until an appeal from such refusal is decided." SEC. 8. That section 36 of chapter II of the Fire and Casualty Act (sec. 35-1340, D. C. Code, 1951 edition) is amended to read as follows: "SEC. 36. The Superintendent may revoke or suspend the license of Licenses; r e vT

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any policy-writing agent, soliciting agent, broker, or salaried company sion. employee when and if, after investigation, it appears to the Superintendent that any license issued to such person was obtained by fraud or misrepresentation, or that such person has otherwise shown himself untrustworthy or incompetent to act in any of the foregoing capacities, or that such person has— " (a) violated any of the provisions of the insurance laws of the District; or " (b) has failed within a reasonable time to remit to any company all moneys which he has collected, and to which the company is entitled; or "(c) has been guilty of rebating or has misrepresented the provisions of the policies which he is selling, or the policies of other companies; or " ^d) has countersigned policies in blank; or that "(e) more than 25 per centum of his commission income from business to which the license applies results from policies the premiums on which are paid or are to be paid in the manner set forth in paragraph (f) of this section; or that (f) said license is being used primarily for the purpose of obtaining commissions on policies on which he, on his own account, pays or is to pay the premiums, or on which the premiums are paid or are to be paid by any person who receives or is to receive any benefit, direct or indirect, from the commissions obtained, or on which the premiums are paid or are to be paid by any partnership, association, or corporation of which he is a member. "Before the Superintendent shall revoke or suspend the license He"!*** of any such person he shall give to such person an opportunity to be fully heard, and to introduce evidence in his behalf: Provided, That in lieu of revoking or suspending the license of any policywriting agent, soliciting agent, broker, or salaried company employee for causes enumerated in this section after hearing as herein provided, the Superintendent may subject such person to a penalty of not more

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