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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; |
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| | | E.__The settlement provider has entered into any settlement | | contract that has not been approved pursuant to this | | chapter; |
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| | | F.__The settlement provider has failed to honor contractual | | obligations set out in a settlement contract; |
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| | | G.__The settlement provider no longer meets the requirements | | for initial licensure; |
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| | | 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 |
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| | | I.__The licensee has violated any of the provisions of this | | chapter or any rules adopted pursuant to this chapter. |
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| | | 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. |
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| | | 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. |
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| | | Sec. 8. 24-A MRSA §6805, as enacted by PL 1997, c. 430, §1 and | | affected by §2, is amended to read: |
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| | | §6805. Approval of settlements contracts; disclosure statements |
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