§ 4706. Penalties

(a) If the Commissioner finds that any person, insurer, or advisory or service organization has violated any provision of this chapter, the Commissioner may impose an administrative penalty of not more than $2,000.00 for each violation; but if the Commissioner finds such violation to be willful, a penalty of not more than $15,000.00 for each such violation may be imposed.

(b) Unintentional technical violations arising from systems or computer generated errors or failures of the same type shall be treated as a single violation for the purposes of this section. In the event of resulting overcharges which are de minimis, the insurer shall make financial restitution including payment of interest as determined by the Commissioner and no penalty shall be imposed under this chapter; provided that the insurer demonstrates to the satisfaction of the Commissioner that the violation was unintentional.

(c) For purposes of this section, any insurer using a premium or rate for which the insurer has failed to submit a filing pursuant to section 4687 or 4688 of this title shall have committed a separate violation for each day such failure existed.

(d) The Commissioner may suspend or revoke the license of any advisory or service organization or insurer, failing or refusing to comply with an order of the Commissioner within the time limit prescribed by such order, or any extension thereof which the Commissioner may grant.

(e) The Commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by the Commissioner, including an indefinite period, unless such suspension is modified or rescinded or until the order upon which such suspension is based is modified, rescinded, or reversed.

(f) No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner, stating the findings made after a hearing.

(g) The penalties applicable under this section are in addition to any other penalties applicable under this title. (Added 1983, No. 238 (Adj. Sess.), § 1; amended 1995, No. 167 (Adj. Sess.), § 18.)