{"data":{"id":"us-sc/s.c.-code-ann.-38-91-120","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 38-91-120","heading":"Adjusters; disciplinary actions; denial, suspension, or revocation; fines; hearings; enforcement.","body":"(A) The director may place on probation, revoke, suspend, or refuse to issue, renew, or reinstate an adjuster's license or may levy a fine as set forth in Section 38-2-10 for any one or more of the following causes:\n(1) providing incorrect, misleading, incomplete, or materially false information in the license or renewal application;\n(2) violating the insurance laws or regulations of the United States, this State, or any other jurisdiction or a subpoena or order of the director or of another state's insurance commissioner;\n(3) obtaining or attempting to obtain a license through misrepresentation or fraud or improperly using notes or any other reference material to complete an examination for an insurance license, or otherwise cheating or attempting to cheat on an examination for an insurance license of any kind;\n(4) improperly withholding, misappropriating, or converting any money or property received in the course of conducting insurance business;\n(5) conviction of or nolo contendere plea to any felony, participation in a pretrial diversion program pursuant to a felony charge, suspension or deferral of sentence and probation, or conviction of any misdemeanor charge involving public corruption or the adjustment of insurance claims;\n(6) admitting to or committing fraud or unfair trade practices;\n(7) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere;\n(8) having an adjuster license, or its equivalent, denied, suspended, or revoked in another state, province, district, or territory;\n(9) forging another's name on any document related to an insurance transaction;\n(10) knowingly accepting insurance business from an individual who is not licensed but who is required to be licensed by the director or his designee;\n(11) intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;\n(12) failing to comply with an administrative or court order imposing a child support obligation;\n(13) failing to pay state income tax or comply with any administrative or court order directing payment of state income tax;\n(14) refusing to submit physical evidence of identity or the conviction of a felony, in accordance with Section 38-91-160;\n(15) employing or allowing to associate with his business, in any manner, any person engaged in the business of insurance who has been convicted of a felony under the laws of this or any other state, and United States, or any other jurisdiction. As used in this section, \"business of insurance\" means the writing of insurance or the reinsuring of risks by an insurance producer or insurer, including all acts necessary or incidental to such writing or reinsuring, and the activities of persons who act as, or are, officers, directors, agents, or employees of producers or insurers, or who are other persons authorized to act on behalf of such persons;\n(16) being convicted of a felony involving dishonesty or breach of trust pursuant to 18 U.S.C. Sections 1033 and 1034, without written consent from the director pursuant to 18 U.S.C. Section 1033, or any successor statute regulating crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce; or\n(17) violating any provision of this title.\n(B) If upon investigation the director finds that an individual or business entity has obtained a license by fraud or misrepresentation, he may immediately suspend the license. The director, in an order suspending a license, must specify the period during which the suspension is to be in effect. The period may not exceed two years. An adjuster whose license has been revoked or an applicant who has been refused a license by the director may not reapply for another license until a two-year period of time has lapsed from the effective date of the revocation or refusal or, if judicial review before the Administrative Law Court of the revocation or refusal is sought, after two years from the date of a final court order or decree affirming the revocation or suspension.\n(C) If, after notice of a hearing before the Administrative Law Court or notice of an opportunity for hearing before the Administrative Law Court, the director finds that one or more grounds exist for the revocation or suspension of, or the refusal to issue or reissue a license, the director, in his discretion, instead of revocation, suspension, or refusal, may impose upon the adjuster or applicant an administrative penalty as provided in Section 38-2-10 for each offense or ground.\n(D) The director may allow the adjuster or applicant a reasonable period, not to exceed thirty days, within which to pay to the director the amount of the penalty imposed. If the adjuster or applicant fails to pay the penalty in its entirety to the director within the period allowed, the license or application stands revoked, suspended, or renewal-refused, as the case may be, upon expiration of the period and without any further proceedings.\n(E) Whenever the director denies an application for a license or for renewal, the director must notify the applicant or adjuster and advise, in writing, the applicant or adjuster of the reason for the denial or nonrenewal of the applicant's or adjuster's license. The applicant or adjuster may make written demand upon the Administrative Law Judge within thirty days for a hearing before the Administrative Law Judge to determine the reasonableness of the director's action. The hearing must be held pursuant to the Administrative Procedures Act.\n(F) The business entity adjuster license may be suspended, revoked, or refused if the director finds that an individual licensee's violation was known or should have been known by one or more of the partners, officers, directors, or managers of the business entity and the violation was not reported to the director.\n(G) In addition to or in lieu of any applicable denial, suspension, or revocation, an adjuster violating this chapter may, after notice and an opportunity for a hearing, be subject to an administrative penalty pursuant to Section 38-2-10.\n(H) The director has the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title against any person who is under investigation for or charged with a violation of this chapter even if the person's license or registration has been surrendered or has lapsed by operation of law.","path":["Title 38 - INSURANCE","CHAPTER 91 Insurance Adjusters"],"source_url":"https://www.scstatehouse.gov/code/t38c091.php","current_through":"2026 Session of the General Assembly","vintage":"","retrieved_at":"2026-10-25T03:48:25Z","sha256":"995a90f75895ec4124c177aab08dd7fba39a85103a4227c6e1abeb569159178a","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-38-91-110","next":"us-sc/s.c.-code-ann.-38-91-130"},"notice":"GroundRules: Original legal text. Not legal advice."}