§ 13-117. Enforcement of title


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  •    (a) Adoption of regulations. -- After notice and hearing, the Commissioner may adopt regulations to carry out this title.

    (b) Violations of title or regulations. -- If the Commissioner finds that an insurer or other person authorized or licensed by the Commissioner has violated this title or a regulation adopted under this title, then after written notice and a hearing, the Commissioner shall:

       (1) set forth the details of the findings; and

       (2) issue an order for compliance by a specified date.

    (c) Effect of order. -- An order issued under subsection (b) of this section binds the insurer or other person authorized or licensed by the Commissioner on the date specified unless:

       (1) the Commissioner withdraws the order before the specified date; or

       (2) a court of competent jurisdiction orders a stay of the order of the Commissioner.

    (d) Judicial review. --

       (1) A party to a proceeding under this title that is aggrieved by an order of the Commissioner is entitled to judicial review in accordance with § 2-215 of this article.

       (2) The filing of an appeal from the withdrawal of approval of a form or rate previously in use operates as a stay, unless the court determines otherwise.

    (e) Civil penalties. -- In addition to any other penalty provided by law, on proof satisfactory to the court, the court may impose on an insurer or other person that violates a final order of the Commissioner while the order is in effect a civil penalty not exceeding $ 250, or if the violation is willful, a civil penalty not exceeding $ 1,000.

    (f) Suspension or revocation for willful violation. --

       (1) After notice and a hearing, the Commissioner may suspend or revoke the license, certificate of authority, or certificate of qualification of an insurer or other person that violates a final order of the Commissioner.

       (2) The order for suspension or revocation is subject to judicial review in accordance with § 2-215 of this article.


HISTORY: An. Code 1957, art. 48A, § 436M, 436N, 436-O; 1996, ch. 11.