§ 26.1-04-13 — Orders and modifications

North Dakota § 26.1-04-13

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-04: Prohibited Practices in Insurance Business

Text

1. If, after hearing, the commissioner determines that the person charged has engaged in
an unfair method of competition or an unfair or deceptive act or practice, the
commissioner shall order the person to cease and desist from engaging in the method
of competition, act, or practice. If the person charged is found to have willfully engaged
in a method of competition, act, or practice in violation of section 26.1-04-03, the
commissioner may order any one or more of the following:
a. Payment of a monetary penalty of not more than one thousand dollars for each
and every act or violation but not to exceed an aggregate penalty of ten thousand
dollars unless the person knew or reasonably should have known that person
was in violation of section 26.1-04-03, in which case the penalty must be not
more than five thousand dollars for each and every act or violation but not to
exceed an aggregate penalty of fifty thousand dollars in any six-month period.
b. Suspension or revocation of the person's license if the person knew or
reasonably should have known that person was in violation of section 26.1-04-03.
2. Until the expiration of the time allowed for an appeal if no appeal has been duly filed
or, if an appeal has been filed, then until the transcript of the record in the proceeding
has been filed in the district court, the commissioner may modify or set aside in whole
or in part any order issued under this section.
3. After the expiration of the time allowed for filing an appeal if no appeal has been duly
filed, the commissioner may, after notice and opportunity for hearing, reopen and alter,
modify, or set aside, in whole or in part, any order issued under this section, whenever
in the commissioner's opinion conditions of fact or of law have so changed as to
require the action or if the public interest shall so require.