Michigan Administrative Code
Department - Insurance and Financial Services
Insurance
Good Moral Character
Section R. 500.23 - Convictions that evidence a lack of good moral character
Universal Citation: MI Admin Code R. 500.23
Current through Vol. 24-04, March 15, 2024
Rule 3.
(1) Subject to subrule (2) of this rule and only if an applicant's criminal record includes a felony conviction that meets 1 or more of the requirements listed in section 2(2) of 1974 PA 381, MCL 338.42, an applicant's lack of good moral character is evidenced by any of the following:
(a) The applicant's conviction of any crime
involving a substantial misrepresentation of any material fact, including any
of the following:
(i) Bribery and bribe
receipt.
(ii) Any type of fraud,
including, but not limited to, insurance fraud, mail fraud, mortgage fraud,
Medicare fraud, welfare fraud, unemployment fraud, land fraud, tax fraud,
securities fraud, fraudulent use of a credit or debit card, or criminal
fraud.
(iii) Filing a false
claim.
(iv) Aiding or abetting the
filing of a false claim.
(v)
Allowing an establishment to be used for illegal purposes.
(b) The applicant's conviction of any crime
involving any of the following:
(i)
Homicide.
(ii) Murder.
(iii) Manslaughter.
(iv) Mayhem.
(v) Negligent homicide.
(vi) Attempt to commit any of the offenses
specified in paragraphs (i) and (ii) of this subdivision.
(c) The applicant's conviction of any crime
involving assault or battery, or both.
(d) The applicant's conviction of any crime
involving a violent act, or a threat of a violent act, against an individual or
any crime constituting a sexual offense, including, but not limited to, any of
the following:
(i) Criminal sexual conduct in
any degree.
(ii) Activity
for-profit involving any of the following:
(A)
Child abuse, neglect, or exploitation.
(B) Kidnapping.
(C) Adoption schemes.
(D) Prostitution or related crimes,
including, but not limited to, managing, human trafficking, and
transporting.
(iii)
Cruelty toward, or torture of, any individual.
(iv) Attempt to commit any of the offenses
specified in paragraphs (i) and (iii) of this subdivision.
(e) The applicant's conviction of any of the
following crimes:
(i) Robbery.
(ii) Armed robbery.
(iii) Burglary crimes, including, but not
limited to, breaking and entering, home invasion, and entering without
breaking.
(iv) Attempt to commit
any of the offenses specified in paragraphs (i), (ii), and (iii) of this
subdivision.
(v) Arson.
(vi) Receiving or concealing stolen
property.
(vii)
Extortion.
(viii)
Embezzlement.
(ix) Money
laundering.
(x)
Racketeering.
(xi) Theft offenses
not otherwise identified in this rule that are punishable by a term of
imprisonment of 1 year or more, including, but not limited to, larceny, larceny
by trick, larceny by conversion, and obtaining property by false
pretenses.
(xii) Forgery or any
crime involving the falsification of documents.
(xiii) Criminal impersonation.
(xiv) Perjury or subornation of
perjury.
(xv) Witness or evidence
tampering.
(xvi) Crimes against
children, including, but not limited to, possession of child
pornography.
(xvii) Offenses
involving poisoning.
(xviii)
Offenses involving explosive materials or firearms.
(xix) Illicit trafficking in firearms or
destructive devices.
(2) An applicant's lack of good moral character is not evidenced by any of the following:
(a) A misdemeanor conviction for a violation
of a traffic law.
(b) A criminal
record of a conviction that may not be used, examined, or requested in making a
determination of good moral character pursuant to section
3(1) of 1974 PA
381, MCL 338.43.
(c) For an applicant having not more than 1
conviction, a misdemeanor conviction that was entered more than 5 years before
the date of the applicant's application for licensure.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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