Section 2406. Procedure after report; defined violation  


Latest version.
  • (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.