138.12(4)(a)2.2. An applicant whose application is denied under par. (b) 6. is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under this paragraph.
138.12(4)(am)(am)
138.12(4)(am)1.1. An applicant shall pay to the division a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next December 31.
138.12(4)(am)2.2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the division, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.
138.12(4)(b)(b) The division shall issue or renew a license when the division is satisfied that the person to be licensed satisfies all of the following, as applicable:
138.12(4)(b)1.1. Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for.
138.12(4)(b)2.2. Has a good business reputation and has had experience, training or education so as to be qualified in the business for which the license is applied for.
138.12(4)(b)3.3. If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
138.12(4)(b)3L.3L. If a limited liability company, is organized under the laws of this state or a foreign limited liability company authorized to transact business in this state.
138.12(4)(b)4.4. Has provided the information required under sub. (3) (d) 1.
138.12(4)(b)5.5. Has not been certified by the department of revenue under s. 73.0301 as being liable for delinquent taxes.
138.12(4)(b)5m.5m. Has not been certified by the department of workforce development under s. 108.227 as being liable for delinquent unemployment insurance contributions.
138.12(4)(b)6.6. If an individual, has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings and is not delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.
138.12(5)(5)Revocation or suspension.
138.12(5)(a)(a) The division may revoke or suspend the license of any insurance premium finance company if the division finds any of the following:
138.12(5)(a)1.1. Any license issued to such company was obtained by fraud.
138.12(5)(a)2.2. The licensee made a material misstatement, or knowingly omitted a material fact, in an application for a license or in information furnished to the division or the nationwide multistate licensing system and registry.
138.12(5)(a)3.3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company.
138.12(5)(a)4.4. The company has violated any provision of this section.
138.12(5)(a)5.5. The company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or insurance broker or any employee of an insurance agent or insurance broker or to any other person as an inducement to the financing of any insurance policy with the premium finance company.
138.12(5)(am)(am)
138.12(5)(am)1.1. The division shall deny an application for a license renewal if any of the following applies:
138.12(5)(am)1.a.a. The applicant has failed to provide the information required under sub. (3) (d) 1.
138.12(5)(am)1.b.b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301 or the department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions under s. 108.227. An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a) or 108.227 (5) (a) but is not entitled to a hearing under par. (b).
138.12(5)(am)1.c.c. In the case of a licensee who is an individual, the applicant fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).
138.12(5)(am)2.2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).
138.12(5)(am)3.3. The division shall revoke the license of any insurance premium finance company if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes or if the department of workforce development has certified under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this subdivision for delinquent taxes or unemployment insurance contributions is entitled to a hearing under s. 73.0301 (5) (a) or 108.227 (5) (a), whichever is applicable, but is not entitled to a hearing under par. (b).
138.12(5)(b)(b) Before the division revokes, suspends or refuses to renew the license of any premium finance company on any ground other than failure to timely renew or reinstate the license as provided in s. 224.35 (7), the division shall give the company an opportunity to be fully heard and to introduce evidence in the company’s behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the division may subject the premium finance company to a penalty of not more than $200 for each offense when in the division’s judgment the division finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the division for the use of the state. At any hearing under this subsection, the division may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.
138.12(5)(c)(c) Any action of the division in refusing to issue or renew a license shall be subject to review under subch. III of ch. 227.