Tennessee Property and Casualty
Insurance State Review
Hearings and Judicial Review - Correct Answers
✅Provisions of the Uniform Administrative Procedures Act will
govern all matters and procedures respecting any hearing,
and judicial review of any contested case.
A. The Commissioner may authorize any regular salaried
employee of the Department to serve as an administrative
judge or hearing officer in any contested case arising under
this part.
B. The Commissioner may serve a motive in any contested
case arising under this part by registered or certified mail to
the licensee's current address on file.
Investigations - Correct Answers ✅The commissioner has
inquisitorial powers and is empowered to subpoena witnesses
and examine them under oath provided that all testimony,
documents and other evidence obtained by the commissioner
pursuant to this part will be absolutely privileged and not be
admissible as evidence in any private civil proceeding.
-department will provide copy of the inquisitorial order or
complaint and copies of statements given by the complainant
witching *30 days* of issuance of the order or receipt of the
complaint.
-*14 days* written notice of the Commissioners intent to take
testimony is required.
-Commissioner must notify both parties within *30 days* of
completing or closing investigation.
,Tennessee Property and Casualty
Insurance State Review
-Investigations must be completed within a *2 year period*
Powers of the Commissioner - Correct Answers ✅The
Department of Commerce and Insurance and the
Commissioner of Commerce and Insurance are responsible
for administering Tennessee's insurance laws. The
Commissioner of Commerce and Insurance, the chief officer
of the Tennessee Department of Commerce and Insurance, is
appointed by the *governor*.
Regulatory Authority - Correct Answers ✅The
Commissioner retains the authority to enforce the provisions
of and impose any penalty or remedy against any person
under investigation for or charged with a violation even if the
person's license has been surrendered or has lapsed by
operation of law.
A. The commissioner may serve a notice or order in any
action arising under this part by registered or certified mail to
the insurance producer or applicant at the address on file.
B. Notwithstanding any provisions of law to the contrary,
service in the manner set forth herein is deemed to constitute
actual service on such insurance producer or applicant.
C. *The Commissioner* oversees licensing of resident and
nonresident producers acting in Tennessee.
, Tennessee Property and Casualty
Insurance State Review
Penalties - Correct Answers ✅If the Commissioner finds
that a license has violated any statue, rule, or order, the
Commissioner may order:
-the insurer, person, or entity to cease and desist from
engaging in the act or practice giving rise to the violation.
-payment of a monetary penalty of not more than $1,000 for
each violation, but not to exceed an aggregate penalty of
$100,000 for a violation committed unknowingly, or $25,000
for each violation, not to exceed an aggregate penalty of
$250,000 for a violation committed knowingly.
-the suspension or revocation of the insurer's, person's, or
entity's license.
-The Commissioner may consider any evidence relative
-Commissioner may consider the insurer's, person's, or
entity's efforts to cure the violation
Insurance Producer - Correct Answers ✅A person required
to be licensed under the laws of this state to sell, solicit, or
negotiate insurance
Business Entity - Correct Answers ✅Is a corporation,
association, partnership, limited liability company, limited
liability partnership, or other legal entity.
Insurance State Review
Hearings and Judicial Review - Correct Answers
✅Provisions of the Uniform Administrative Procedures Act will
govern all matters and procedures respecting any hearing,
and judicial review of any contested case.
A. The Commissioner may authorize any regular salaried
employee of the Department to serve as an administrative
judge or hearing officer in any contested case arising under
this part.
B. The Commissioner may serve a motive in any contested
case arising under this part by registered or certified mail to
the licensee's current address on file.
Investigations - Correct Answers ✅The commissioner has
inquisitorial powers and is empowered to subpoena witnesses
and examine them under oath provided that all testimony,
documents and other evidence obtained by the commissioner
pursuant to this part will be absolutely privileged and not be
admissible as evidence in any private civil proceeding.
-department will provide copy of the inquisitorial order or
complaint and copies of statements given by the complainant
witching *30 days* of issuance of the order or receipt of the
complaint.
-*14 days* written notice of the Commissioners intent to take
testimony is required.
-Commissioner must notify both parties within *30 days* of
completing or closing investigation.
,Tennessee Property and Casualty
Insurance State Review
-Investigations must be completed within a *2 year period*
Powers of the Commissioner - Correct Answers ✅The
Department of Commerce and Insurance and the
Commissioner of Commerce and Insurance are responsible
for administering Tennessee's insurance laws. The
Commissioner of Commerce and Insurance, the chief officer
of the Tennessee Department of Commerce and Insurance, is
appointed by the *governor*.
Regulatory Authority - Correct Answers ✅The
Commissioner retains the authority to enforce the provisions
of and impose any penalty or remedy against any person
under investigation for or charged with a violation even if the
person's license has been surrendered or has lapsed by
operation of law.
A. The commissioner may serve a notice or order in any
action arising under this part by registered or certified mail to
the insurance producer or applicant at the address on file.
B. Notwithstanding any provisions of law to the contrary,
service in the manner set forth herein is deemed to constitute
actual service on such insurance producer or applicant.
C. *The Commissioner* oversees licensing of resident and
nonresident producers acting in Tennessee.
, Tennessee Property and Casualty
Insurance State Review
Penalties - Correct Answers ✅If the Commissioner finds
that a license has violated any statue, rule, or order, the
Commissioner may order:
-the insurer, person, or entity to cease and desist from
engaging in the act or practice giving rise to the violation.
-payment of a monetary penalty of not more than $1,000 for
each violation, but not to exceed an aggregate penalty of
$100,000 for a violation committed unknowingly, or $25,000
for each violation, not to exceed an aggregate penalty of
$250,000 for a violation committed knowingly.
-the suspension or revocation of the insurer's, person's, or
entity's license.
-The Commissioner may consider any evidence relative
-Commissioner may consider the insurer's, person's, or
entity's efforts to cure the violation
Insurance Producer - Correct Answers ✅A person required
to be licensed under the laws of this state to sell, solicit, or
negotiate insurance
Business Entity - Correct Answers ✅Is a corporation,
association, partnership, limited liability company, limited
liability partnership, or other legal entity.
