                                 CODE OF VIRGINIA

REFUSAL TO ISSUE; HEARING; NEW APPLICATION (§ 38.2-1845.7)

A. 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.

B. 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.

C. 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.

D. 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.

HISTORY: 2012, cc. 734, 735.