Section 9109. Refunds and penalties

(a) (1) Whenever the superintendent is
  satisfied that because of cancellations, some mistake of fact, error  in
  calculation,  or  erroneous  interpretation  of a statute of this or any
  other state, any authorized insurer or excess line broker  has  paid  to
  him  pursuant  to  any provision of law, taxes, fees or other charges in
  excess of the amount legally chargeable against it during the three year
  period immediately preceding the cancellations or the discovery of  such
  overpayment,  he  shall refund to such insurer or excess line broker the
  amount of such excess by applying  the  amount  toward  the  payment  of
  taxes,  fees  or  other charges already due or which may become due from
  such insurer until such  excess  has  been  fully  refunded  or  at  his
  discretion  make  a  cash  refund.  The excess line broker shall pay the
  insured any refund of premium tax returned to such excess line broker if
  such taxes were originally collected from the insured. Such cash  refund
  may  be  paid  from  any  moneys  not  turned  over to the department of
  taxation and finance pursuant to the provisions  of  the  state  finance
  law.
    (2)  The superintendent shall retain from the taxes collected pursuant
  to this article an amount sufficient to provide at all times a fund  not
  to  exceed ten thousand dollars out of which he shall pay any refunds to
  which taxpayers shall be entitled under this article.
    (b)  (1)  If  a  company,  association  or  person  fails  within  the
  prescribed time to file any report or statement required by this article
  or  by  section two thousand one hundred eighteen of this chapter, or to
  make any payment due under the provisions of this  article  or  sections
  three   hundred   thirteen,  three  hundred  thirty-two,  three  hundred
  thirty-three, one thousand one hundred twelve, two thousand one  hundred
  five,  two  thousand  one hundred eighteen or four thousand four hundred
  seven of this  chapter,  the  superintendent  may  order  such  company,
  association  or  person to pay to the people of this state the following
  penalties:
    (A) not less than one hundred nor more than five hundred  dollars  for
  each  and  every  failure  to file a report or statement within the time
  prescribed;
    (B) five percent of the principal amount of any payment  due  plus  an
  additional  one percent of said sum for the second and subsequent months
  or fractions thereof during which payment has not been made.
    (2) The superintendent may, in his discretion, waive or remit  all  or
  any part of such penalties if he finds that delay was excusable.