With no explanation, chose the best option from "A", "B", "C" or "D". funds received as claim proceeds by a license holder acting as a public insurance adjuster are received and held by the license holder in a fiduciary capacity), § 4102.151 (prohibiting a license holder from soliciting or attempting to solicit a client for employment during the progress of a loss-producing, natural-disaster occurrence), § 4102.158 (prohibiting a license holder from participating directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder). Because unlicensed public insurance adjusters are not' subject to the cheeks, balances, and penalties that licensed public insurance adjusters are, section 4102.207’s disgorgement provision is a punitive deterrent. Cf. Morton, 412 S.W.3d at 511 (<HOLDING>). To construe section 4102.207 as LSRC desires

A: holding that the legislative history under the act indicates that liquidated damages are intended to be punitive in nature
B: holding property code provision was subject to commonlaw rescission principles because it was not intended to be punitive
C: holding that the debtor could retain exempt property because it was not property of the estate
D: holding that it is presumed that no change in the commonlaw was intended by the legislatures enactment of a statute on the same subject unless the language employed clearly indicates such an intention
B.