§ 10 §1495-H — Enforcement actions

A payroll processor that fails to obtain a license under section 1495‑D or that violates any provision of this chapter or any rule issued by the administrator, or through any unfair, unconscionable or deceptive practice causes or has the potential to cause damage to an employer or employee of that employer, is subject to one or more of the actions specified in this section:
1.
Cease and desist order.
A cease and desist order.
2.
Bond or security forfeiture.
After notice and hearing, forfeiture of that portion of the required bond or other security instrument as proportionately may make aggrieved parties whole;
3.
Civil action by administrator.
A civil action seeking civil penalties, remedial action and injunctive relief by the administrator through the Attorney General, after which a court may assess a civil penalty of not less than $1,500 nor more than $7,500 per violation or order remedial or injunctive relief. When the violation consists of failure to maintain the surety bond required by section 1495‑E, each day in which coverage is not provided constitutes a separate violation;
4.
Private civil action.
A civil action by an aggrieved employer in which that employer has the right to recover actual damages from the payroll processor in an amount determined by the court, plus costs of the action together with reasonable attorney's fees;
5.
Regulatory oversight.
Increased regulatory oversight by the administrator, including requiring reports or other information to be submitted at those times and in such forms as the administrator considers appropriate for the proper supervision and regulation of the payroll processor; and
6.
Action on license.
After notice and the opportunity for hearing before the administrator, revocation, suspension or nonrenewal of the payroll processor's license.

Legislative History

PL 2003, c. 668, §6 (NEW). PL 2003, c. 668, §12 (AFF). PL 2005, c. 278, §5 (AMD). PL 2021, c. 245, Pt. A, §7 (AMD).