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§ 58-33-110 Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.

SD Codified L § 58-33-110 (2019) (N/A)
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58-33-110. Circumstances mitigating violation of §§ 58-33-102 to 58-33-108. Any violation of §§ 58-33-102 to 58-33-108, inclusive, is mitigated, and the division shall reduce or eliminate any sanction otherwise applicable, if a licensee or other person demonstrates all of the following:

(1) The licensee or other person maintained supervisory procedures and controls that complied with § 58-33-112;

(2) The violation occurred despite the maintenance of those procedures and controls;

(3) The licensee or other person promptly reported the health benefit plan to the MEWA contact once the licensee or other person had actual knowledge that it was unauthorized health insurance; and

(4) The licensee or other person took prompt corrective action.Source: SL 2007, ch 292, § 18.

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§ 58-33-109 Defenses available to person who acts according to written advice of MEWA contact.
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§ 58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.