§ 2406 — Procedure after report; defined violation

New York § 2406

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 24: Unfair Methods of Competition and Unfair and Deceptive Acts and Practices

Text

§ 2406. Procedure after report; defined violation. (a) If the hearing\nwas on a charge of a defined violation the superintendent shall make an\norder on his report and serve a copy of the findings and order upon the\nperson charged with the violation and any intervenor. If the\nsuperintendent finds that the person complained of has engaged in a\ndefined violation, the order shall require the person to cease and\ndesist from engaging in such defined violation. Furthermore, if the\nsuperintendent finds, after notice and hearing, that the person\ncomplained of has engaged in an act prohibited by section three thousand\ntwo hundred twenty-four-a of this chapter, the superintendent is\nauthorized to levy a civil penalty against such person in an amount up\nto five hundred dollars per day for each day beyond the date that a bill\nor claim was to be processed in accordance with section three thousand\ntwo hundred twenty-four-a of this chapter, but in no event shall such\npenalty exceed five thousand dollars.\n (b) Until a proceeding for judicial review has been commenced, or the\ntime to commence the proceeding has expired, the superintendent may,\nupon notice and in the manner he deems proper, modify or set aside all\nor part of any order issued by him under this section.\n (c) If a proceeding for judicial review has not been commenced within\nthe time allowed, the superintendent may, after notice and opportunity\nfor hearing, modify or set aside, all or part, of any order issued by\nhim under this section, whenever in his opinion changed conditions of\nfact or law or the public interest require.\n (d) A cease and desist order issued under this section is final upon\nthe expiration of the time allowed for commencing a proceeding for\njudicial review if no proceeding has been commenced within such time, or\nupon the final decision of the court affirming the order or dismissing\nthe proceeding.\n (e) Any person who violates a cease and desist order issued by the\nsuperintendent under this section after it has become final, and while\nit is in effect, shall be liable to the people of this state for a\npenalty in an amount not to exceed five thousand dollars for each\nviolation. In determining the amount of the penalty the question of\nwhether the violation was wilful shall be taken into consideration.\nNothing herein shall limit a court in enforcing its own orders.\n