LD 1907
pg. 12
Page 11 of 38 PUBLIC Law Chapter 636 Page 13 of 38
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LR 2724
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D.__The licensee or any officer, partner, director, member or
key management personnel of the licensee has been found guilty
of, or has pleaded guilty or nolo contendere to, any crime
involving fraud or moral turpitude, regardless of whether a
judgment of conviction has been entered by the court;

 
E.__The settlement provider has entered into any settlement
contract that has not been approved pursuant to this
chapter;

 
F.__The settlement provider has failed to honor contractual
obligations set out in a settlement contract;

 
G.__The settlement provider no longer meets the requirements
for initial licensure;

 
H.__The settlement provider has assigned, transferred or
pledged a policy acquired pursuant to a settlement contract
to a person other than a settlement provider licensed in
this State, an accredited investor or qualified
institutional buyer as defined respectively in Regulation D,
Rule 501 and Rule 144A of the Federal Securities Act of
1933, as amended, a financing entity, a special purpose
entity or a related provider trust; or

 
I.__The licensee has violated any of the provisions of this
chapter or any rules adopted pursuant to this chapter.

 
2. Hearing. Before the superintendent may deny a license
application or suspend, revoke or refuse to renew the license of
a viatical settlement provider, the licensee or applicant has an
opportunity for a hearing in accordance with Title 5, chapter
375, subchapter IV 4.

 
3. Administrative penalty. The superintendent may, in
addition to denying a license application or suspending or
revoking a license, assess an administrative civil forfeiture of
$500 for each willful violation of this chapter. This section
may not be construed to diminish the penalties available for any
violation of chapter 23, in addition to any penalties authorized
under section 12-A.

 
Sec. 8. 24-A MRSA §6805, as enacted by PL 1997, c. 430, §1 and
affected by §2, is amended to read:

 
§6805. Approval of settlements contracts; disclosure statements

 
and applications


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