(a) The Insurance Commissioner may suspend for not more than twelve (12) months or may revoke or refuse to continue any license issued under this part and Arkansas laws after:
- (1) Notice to the licensee and a hearing is held under the provisions of Arkansas Code § 23-61-303 et seq., as provided under Arkansas Code § 23-77-102; and
(2) The commissioner determines that any one (1) or more of the following causes exists:
- (A) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner;
- (B) Violation of or noncompliance with any provision of Arkansas Code § 23-77-101 et seq., or other applicable laws of this state, or for willful violation of any rule or order of the commissioner;
- (C) Obtaining or attempting to obtain any such license through fraud or misrepresentation;
- (D) Misappropriation or conversion to his or her own use of any moneys received in transacting business under the license that do not belong to him or her;
- (E) Conviction of a felony;
- (F) If in the conduct of his or her affairs, the licensee has used:
(i) Fraudulent or dishonest practices; or
(ii) Trade practices which are injurious or hazardous to the public;
- (G) Solicitation or sale of automobile club or association memberships or insurance policies thereunder before initial or renewal licensing;
- (H) Making false or misleading statements as to or misrepresenting membership benefits or insurance policies thereunder;
- (I) Making or offering to make to members or prospective members any unauthorized rebates, discounts, or credits of membership dues, premiums, or other benefits of insurance policies provided as a motor club service to members;
- (J) Participating in a submission of false or fraudulent claims as to members' insurance policies or other membership benefits;
(K) Willfully collecting and/or retaining:
- (i) Any sums as membership dues if the membership is not then provided or is not in due course to be provided; or
- (ii) A member's premiums or charges for insurance which is not then provided or is not in due course to be provided;
- (L) Willfully collecting as members' premiums or charges for insurance sums in excess of those specified in the policies and as fixed by the automobile club or association;
- (M) Directly or indirectly sharing commissions or fees from membership dues or policy sales with persons not also licensed as agents for the automobile club or association involved, excluding payment of regular salaries due employees of the licensee; or
(N) Soliciting or selling a "twenty-four-hour" or "all risk" accidental death and dismemberment policy:
- (i) Which is not one hundred percent (100%) underwritten by a licensed disability agent;
- (ii) Which is marketed separately from other benefits included in the membership package; or
- (iii) For which an identifiable premium is collected from members.
- (b) If the commissioner finds that any one (1) or more grounds exist for the nonrenewal, suspension, or revocation of any license, the commissioner may in his or her discretion, in lieu of such nonrenewal, suspension, or revocation, impose an administrative penalty in the amount of three hundred dollars ($300), or if the commissioner has found willful misconduct or willful violation by the licensee, one thousand dollars ($1,000).