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This entry was published on 2014-09-22
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SECTION 2406
Procedure after report; defined violation
Insurance (ISC) CHAPTER 28, ARTICLE 24
§ 2406. Procedure after report; defined violation. (a) If the hearing
was on a charge of a defined violation the superintendent shall make an
order on his report and serve a copy of the findings and order upon the
person charged with the violation and any intervenor. If the
superintendent finds that the person complained of has engaged in a
defined violation, the order shall require the person to cease and
desist from engaging in such defined violation. Furthermore, if the
superintendent finds, after notice and hearing, that the person
complained of has engaged in an act prohibited by section three thousand
two hundred twenty-four-a of this chapter, the superintendent is
authorized to levy a civil penalty against such person in an amount up
to five hundred dollars per day for each day beyond the date that a bill
or claim was to be processed in accordance with section three thousand
two hundred twenty-four-a of this chapter, but in no event shall such
penalty exceed five thousand dollars.

(b) Until a proceeding for judicial review has been commenced, or the
time to commence the proceeding has expired, the superintendent may,
upon notice and in the manner he deems proper, modify or set aside all
or part of any order issued by him under this section.

(c) If a proceeding for judicial review has not been commenced within
the time allowed, the superintendent may, after notice and opportunity
for hearing, modify or set aside, all or part, of any order issued by
him under this section, whenever in his opinion changed conditions of
fact or law or the public interest require.

(d) A cease and desist order issued under this section is final upon
the expiration of the time allowed for commencing a proceeding for
judicial review if no proceeding has been commenced within such time, or
upon the final decision of the court affirming the order or dismissing
the proceeding.

(e) Any person who violates a cease and desist order issued by the
superintendent under this section after it has become final, and while
it is in effect, shall be liable to the people of this state for a
penalty in an amount not to exceed five thousand dollars for each
violation. In determining the amount of the penalty the question of
whether the violation was wilful shall be taken into consideration.
Nothing herein shall limit a court in enforcing its own orders.