Section 27-7-37

Complaints against licensees; notice, hearing and orders thereon.

(a) Any person having an interest and feeling aggrieved may file a complaint with the commissioner against any licensed agent, solicitor, broker, managing general agent or service representative for the purpose of revocation or suspension of his license. The complaint shall be in writing and shall specify in reasonable detail the charge or charges made, the truth of which shall be sworn to by the complainant or some other person who has knowledge of the facts averred.

(b) If, upon reviewing the complaint, the commissioner finds that the charges made therein constitute grounds for the revocation or suspension of the license under Section 27-7-19, he shall forthwith notify the licensee against whom the complaint has been made and serve him with a copy of the complaint. Service of the notice and copy of the complaint made shall be sent by registered or certified mail, addressed to the licensee at the address shown by the records of the commissioner, return receipt requested and marked "deliver addressee only."

(c) Within 30 days after service upon the licensee of the copy of the complaint made against him, the licensee shall file with the commissioner his answer in writing to the charges, either specifically admitting or denying or specifically confessing and avoiding each of the charges made. If the licensee against whom the complaint has been made stands in default for answer, the charges set forth in the complaint shall be taken as admitted.

(d) After receipt of the licensee's answer, the commissioner shall fix a time and place for the hearing of the complaint at his office or elsewhere as provided in Section 27-2-30 and shall serve notice thereof upon the licensee and the complainant by registered or certified mail as provided in subsection (b) of this section with respect to service of the complaint upon the licensee; such notice shall be served at least 20 days before the date fixed for the hearing.

(e) At the time fixed by the commissioner for the hearing, the complaint shall be heard before the commissioner or a deputy appointed by him, and the complainant and licensee may each be represented by an attorney-at-law and may give the testimony and offer proof, documentary or ore tenus, as to the truth of the charges and any denial thereof.

(f) The commissioner shall have any power of subpoena, subpoena duces tecum or discovery obtaining in the circuit courts of this state, and any party shall have the right, upon request in writing filed with the commissioner, to cause a writ of subpoena to issue out of the office of the commissioner which shall be signed by him or his deputy and directed to the sheriff of any county of this state returnable to the office of the commissioner. The cost of issuing and serving subpoenas and witness fees shall be the same as such costs and fees in the circuit court and shall be recoverable by the prevailing party from the other party. The commissioner shall tax such costs, and, upon the same not being paid within a period of 10 days therefrom, payment thereof may be enforced in any court having jurisdiction over the person of the defaulting party.

(g) The testimony may be taken orally or by deposition, and any party shall have the right of introducing proof by deposition as may obtain in the circuit courts of this state.

(h) The commissioner or his deputy shall preside over the hearing and shall make a written finding of facts upon which his decisions shall be based.

(i) The commissioner shall, within 30 days after the conclusion of the hearing, make a ruling in writing fully disposing of the complaint and a copy of the ruling shall be served upon the complainant, the licensee and all interested parties represented by the licensee, by registered or certified mail, addressed to the licensee at the address shown by the records of the commissioner.

(j) Pursuant to such hearing, if the commissioner finds that the grounds therefor exist under Section 27-7-19, he may suspend or revoke the licenses of the licensee complained against.

(Acts 1957, No. 530, p. 726, §10; Acts 1971, No. 407, p. 707, §149; Acts 1975, No. 216, p. 740, §1.)