{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1845.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1845.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1845.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1845.7.html"}],"law_id":62133,"edition_id":1,"section_id":62133,"structure_id":14212,"section_number":"38.2-1845.7","catch_line":"Refusal to issue; hearing; new application","history":"2012, cc. 734, 735.","full_text":"A\n\nIf the Commission is of the opinion that any applicant for public adjuster license is not of good character or does not have a good reputation for honesty, it may refuse to issue the license, subject to the right of the applicant to demand a hearing on the application. If the Commission refuses to issue a new license, it shall give the applicant at least 10 calendar days&#8217; notice in writing of the time and place of the hearing, if a hearing is requested. The notice shall contain a statement of the objections to the issuance of the license. The notice may be given to the applicant by registered or certified mail, sent to the last known address of record, or the last known business address if the address of record is incorrect, or in any other lawful manner the Commission prescribes. The Commission may summon witnesses to testify with respect to the applicant, and the applicant may introduce evidence in his or its behalf. No applicant to whom a license is refused after a hearing shall again apply for a license until after the expiration of a period of five years from the date of the Commission&#8217;s order or such other period as the Commission prescribes in its order.B\n\nThe license of a business entity may be denied if the Commission finds, after notice and an opportunity to be heard, that a violation by an individual licensee acting at the direction of, on behalf of, or with the permission of the business entity was known to be a violation by one or more of the partners, officers, or managers acting on behalf of the business entity or if it can be demonstrated to the satisfaction of the Commission that responsibility for such violation by the individual can reasonably be imputed to one or more of the partners, officers, or managers acting on behalf of the business entity, and neither was the violation reported to the Commission nor corrective action taken.C\n\nIn addition to or in lieu of any applicable denial of a license, a person may, after notice and an opportunity to be heard, be subject to a penalty pursuant to &#xA7; 38.2-218.D\n\nThe Commission shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this title against any person who is under investigation for or charged with a violation of this title, even if the person&#8217;s license or registration has been surrendered, terminated, suspended, revoked, or has lapsed by operation of law.","order_by":null,"text":{"0":{"id":226680,"text":"If the Commission is of the opinion that any applicant for public adjuster license is not of good character or does not have a good reputation for honesty, it may refuse to issue the license, subject to the right of the applicant to demand a hearing on the application. If the Commission refuses to issue a new license, it shall give the applicant at least 10 calendar days&#8217; notice in writing of the time and place of the hearing, if a hearing is requested. The notice shall contain a statement of the objections to the issuance of the license. The notice may be given to the applicant by registered or certified mail, sent to the last known address of record, or the last known business address if the address of record is incorrect, or in any other lawful manner the Commission prescribes. The Commission may summon witnesses to testify with respect to the applicant, and the applicant may introduce evidence in his or its behalf. No applicant to whom a license is refused after a hearing shall again apply for a license until after the expiration of a period of five years from the date of the Commission&#8217;s order or such other period as the Commission prescribes in its order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226681,"text":"The license of a business entity may be denied if the Commission finds, after notice and an opportunity to be heard, that a violation by an individual licensee acting at the direction of, on behalf of, or with the permission of the business entity was known to be a violation by one or more of the partners, officers, or managers acting on behalf of the business entity or if it can be demonstrated to the satisfaction of the Commission that responsibility for such violation by the individual can reasonably be imputed to one or more of the partners, officers, or managers acting on behalf of the business entity, and neither was the violation reported to the Commission nor corrective action taken.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226682,"text":"In addition to or in lieu of any applicable denial of a license, a person may, after notice and an opportunity to be heard, be subject to a penalty pursuant to &#xA7; 38.2-218.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226683,"text":"The Commission shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this title against any person who is under investigation for or charged with a violation of this title, even if the person&#8217;s license or registration has been surrendered, terminated, suspended, revoked, or has lapsed by operation of law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14212,"edition_id":1,"name":"Licensing of Public Adjusters","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:47:17","date_modified":"2026-06-26 03:47:17","permalink":{"id":212641,"object_type":"structure","relational_id":14212,"identifier":"4.1","token":"38.2\/18\/4.1","url":"\/38.2\/18\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58484,"structure_id":14212,"section_number":"38.2-1845.1","catch_line":"Definitions","url":"\/38.2-1845.1\/","token":"38.2\/18\/4.1\/38.2-1845.1","metadata":false},{"id":73810,"structure_id":14212,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1845.10\/","token":"38.2\/18\/4.1\/38.2-1845.10","metadata":false},{"id":87101,"structure_id":14212,"section_number":"38.2-1845.11","catch_line":"Termination, suspension, or revocation of license","url":"\/38.2-1845.11\/","token":"38.2\/18\/4.1\/38.2-1845.11","metadata":false},{"id":75278,"structure_id":14212,"section_number":"38.2-1845.12","catch_line":"Standards of conduct for public adjusters","url":"\/38.2-1845.12\/","token":"38.2\/18\/4.1\/38.2-1845.12","metadata":false},{"id":67841,"structure_id":14212,"section_number":"38.2-1845.13","catch_line":"Contract between public adjuster and insured","url":"\/38.2-1845.13\/","token":"38.2\/18\/4.1\/38.2-1845.13","metadata":false},{"id":76560,"structure_id":14212,"section_number":"38.2-1845.14","catch_line":"Fees","url":"\/38.2-1845.14\/","token":"38.2\/18\/4.1\/38.2-1845.14","metadata":false},{"id":80102,"structure_id":14212,"section_number":"38.2-1845.15","catch_line":"Record retention","url":"\/38.2-1845.15\/","token":"38.2\/18\/4.1\/38.2-1845.15","metadata":false},{"id":75597,"structure_id":14212,"section_number":"38.2-1845.16","catch_line":"Escrow or trust accounts","url":"\/38.2-1845.16\/","token":"38.2\/18\/4.1\/38.2-1845.16","metadata":false},{"id":67191,"structure_id":14212,"section_number":"38.2-1845.17","catch_line":"Requirement to report to Commission","url":"\/38.2-1845.17\/","token":"38.2\/18\/4.1\/38.2-1845.17","metadata":false},{"id":66974,"structure_id":14212,"section_number":"38.2-1845.18","catch_line":"Information security program","url":"\/38.2-1845.18\/","token":"38.2\/18\/4.1\/38.2-1845.18","metadata":false},{"id":70523,"structure_id":14212,"section_number":"38.2-1845.19","catch_line":"What laws applicable; rulemaking authority","url":"\/38.2-1845.19\/","token":"38.2\/18\/4.1\/38.2-1845.19","metadata":false},{"id":76889,"structure_id":14212,"section_number":"38.2-1845.2","catch_line":"License required of resident public adjusters","url":"\/38.2-1845.2\/","token":"38.2\/18\/4.1\/38.2-1845.2","metadata":false},{"id":61033,"structure_id":14212,"section_number":"38.2-1845.20","catch_line":"Immunities; confidentiality","url":"\/38.2-1845.20\/","token":"38.2\/18\/4.1\/38.2-1845.20","metadata":false},{"id":77035,"structure_id":14212,"section_number":"38.2-1845.21","catch_line":"Authority of Commission to delegate certain functions","url":"\/38.2-1845.21\/","token":"38.2\/18\/4.1\/38.2-1845.21","metadata":false},{"id":62705,"structure_id":14212,"section_number":"38.2-1845.22","catch_line":"Power of Commission to investigate affairs of persons engaged in the business of public adjusting; penalties for refusal to permit investigation","url":"\/38.2-1845.22\/","token":"38.2\/18\/4.1\/38.2-1845.22","metadata":false},{"id":65504,"structure_id":14212,"section_number":"38.2-1845.23","catch_line":"False information and advertising generally","url":"\/38.2-1845.23\/","token":"38.2\/18\/4.1\/38.2-1845.23","metadata":false},{"id":55407,"structure_id":14212,"section_number":"38.2-1845.3","catch_line":"Exemptions from article","url":"\/38.2-1845.3\/","token":"38.2\/18\/4.1\/38.2-1845.3","metadata":false},{"id":70584,"structure_id":14212,"section_number":"38.2-1845.4","catch_line":"Examinations","url":"\/38.2-1845.4\/","token":"38.2\/18\/4.1\/38.2-1845.4","metadata":false},{"id":65937,"structure_id":14212,"section_number":"38.2-1845.5","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1845.5\/","token":"38.2\/18\/4.1\/38.2-1845.5","metadata":false},{"id":86867,"structure_id":14212,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","url":"\/38.2-1845.6\/","token":"38.2\/18\/4.1\/38.2-1845.6","metadata":false},{"id":62133,"structure_id":14212,"section_number":"38.2-1845.7","catch_line":"Refusal to issue; hearing; new application","url":"\/38.2-1845.7\/","token":"38.2\/18\/4.1\/38.2-1845.7","metadata":false},{"id":59250,"structure_id":14212,"section_number":"38.2-1845.8","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1845.8\/","token":"38.2\/18\/4.1\/38.2-1845.8","metadata":false},{"id":67352,"structure_id":14212,"section_number":"38.2-1845.9","catch_line":"Repealed","url":"\/38.2-1845.9\/","token":"38.2\/18\/4.1\/38.2-1845.9","metadata":false}],"previous_section":{"id":86867,"structure_id":14212,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","url":"\/38.2-1845.6\/","token":"38.2\/18\/4.1\/38.2-1845.6","metadata":false},"next_section":{"id":59250,"structure_id":14212,"section_number":"38.2-1845.8","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1845.8\/","token":"38.2\/18\/4.1\/38.2-1845.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1845.7\/","history_text":"<p>This law was first created in 2012. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0734\">734<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0735\">735<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":212723,"object_type":"law","relational_id":62133,"identifier":"38.2-1845.7","token":"38.2\/18\/4.1\/38.2-1845.7","url":"\/38.2-1845.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1845.7\/","token":"38.2\/18\/4.1\/38.2-1845.7","dublin_core":{"Title":"Refusal to issue; hearing; new application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1845.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the <span class=\"dictionary\">Commission<\/span> is of the <span class=\"dictionary\">opinion<\/span> that any applicant for <span class=\"dictionary\">public adjuster<\/span> <span class=\"dictionary\">license<\/span> is not of good character or does not have a good reputation for honesty, it may refuse to <span class=\"dictionary\">issue<\/span> the <span class=\"dictionary\">license<\/span>, subject to the right of the applicant to demand a <span class=\"dictionary\">hearing<\/span> on the application. If the <span class=\"dictionary\">Commission<\/span> refuses to <span class=\"dictionary\">issue<\/span> a new <span class=\"dictionary\">license<\/span>, it shall give the applicant at least 10 calendar days&#8217; notice in writing of the time and place of the <span class=\"dictionary\">hearing<\/span>, if a <span class=\"dictionary\">hearing<\/span> is requested. The notice shall contain a statement of the objections to the issuance of the <span class=\"dictionary\">license<\/span>. The notice may be given to the applicant by registered or certified mail, sent to the last known address of record, or the last known business address if the address of record is incorrect, or in any other lawful manner the <span class=\"dictionary\">Commission<\/span> prescribes. The <span class=\"dictionary\">Commission<\/span> may summon witnesses to testify with respect to the applicant, and the applicant may introduce <span class=\"dictionary\">evidence<\/span> in his or its behalf. No applicant to whom a <span class=\"dictionary\">license<\/span> is refused after a <span class=\"dictionary\">hearing<\/span> shall again apply for a <span class=\"dictionary\">license<\/span> until after the expiration of a period of five years from the date of the <span class=\"dictionary\">Commission<\/span>&#8217;s <span class=\"dictionary\">order<\/span> or such other period as the <span class=\"dictionary\">Commission<\/span> prescribes in its <span class=\"dictionary\">order<\/span>. <a id=\"paragraph-226680\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1845.7\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">license<\/span> of a <span class=\"dictionary\">business entity<\/span> may be denied if the <span class=\"dictionary\">Commission<\/span> finds, after notice and an opportunity to be heard, that a violation by an individual licensee acting at the direction of, on behalf of, or with the permission of the <span class=\"dictionary\">business entity<\/span> was known to be a violation by one or more of the partners, officers, or managers acting on behalf of the <span class=\"dictionary\">business entity<\/span> or if it can be demonstrated to the satisfaction of the <span class=\"dictionary\">Commission<\/span> that responsibility for such violation by the individual can reasonably be imputed to one or more of the partners, officers, or managers acting on behalf of the <span class=\"dictionary\">business entity<\/span>, and neither was the violation reported to the <span class=\"dictionary\">Commission<\/span> nor corrective action taken. <a id=\"paragraph-226681\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1845.7\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> In addition to or in lieu of any applicable denial of a <span class=\"dictionary\">license<\/span>, a <span class=\"dictionary\">person<\/span> may, after notice and an opportunity to be heard, be subject to a <span class=\"dictionary\">penalty<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Penalties and restitution payments\" href=\"\/38.2-218\/\">38.2-218<\/a>. <a id=\"paragraph-226682\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1845.7\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Commission<\/span> shall retain the authority to enforce the provisions of and impose any <span class=\"dictionary\">penalty<\/span> or remedy authorized by this title against any <span class=\"dictionary\">person<\/span> who is under investigation for or charged with a violation of this title, even if the <span class=\"dictionary\">person<\/span>&#8217;s <span class=\"dictionary\">license<\/span> or registration has been surrendered, terminated, suspended, revoked, or has lapsed by operation of <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-226683\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1845.7\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREFUSAL TO ISSUE; HEARING; NEW APPLICATION (\u00a7 38.2-1845.7)\n\nA. If the Commission is of the opinion that any applicant for public adjuster\nlicense is not of good character or does not have a good reputation for honesty,\nit may refuse to issue the license, subject to the right of the applicant to\ndemand a hearing on the application. If the Commission refuses to issue a new\nlicense, it shall give the applicant at least 10 calendar days&#8217; notice in\nwriting of the time and place of the hearing, if a hearing is requested. The\nnotice shall contain a statement of the objections to the issuance of the\nlicense. The notice may be given to the applicant by registered or certified\nmail, sent to the last known address of record, or the last known business\naddress if the address of record is incorrect, or in any other lawful manner the\nCommission prescribes. The Commission may summon witnesses to testify with\nrespect to the applicant, and the applicant may introduce evidence in his or its\nbehalf. No applicant to whom a license is refused after a hearing shall again\napply for a license until after the expiration of a period of five years from\nthe date of the Commission&#8217;s order or such other period as the Commission\nprescribes in its order.\n\nB. The license of a business entity may be denied if the Commission finds, after\nnotice and an opportunity to be heard, that a violation by an individual\nlicensee acting at the direction of, on behalf of, or with the permission of the\nbusiness entity was known to be a violation by one or more of the partners,\nofficers, or managers acting on behalf of the business entity or if it can be\ndemonstrated to the satisfaction of the Commission that responsibility for such\nviolation by the individual can reasonably be imputed to one or more of the\npartners, officers, or managers acting on behalf of the business entity, and\nneither was the violation reported to the Commission nor corrective action\ntaken.\n\nC. In addition to or in lieu of any applicable denial of a license, a person\nmay, after notice and an opportunity to be heard, be subject to a penalty\npursuant to &#xA7; 38.2-218.\n\nD. The Commission shall retain the authority to enforce the provisions of and\nimpose any penalty or remedy authorized by this title against any person who is\nunder investigation for or charged with a violation of this title, even if the\nperson&#8217;s license or registration has been surrendered, terminated,\nsuspended, revoked, or has lapsed by operation of law.\n\nHISTORY: 2012, cc. 734, 735.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}