§ 37-17-80 — Hearings before Administrative Law Court; assessment of administrative penalties.

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring a person to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a person, if the Administrative Law Court finds, after a hearing that the person: (1) has violated or failed to comply with a provision of this chapter or a regulation promulgated pursuant to the authority of this chapter; (2) has obtained a certificate of authority through wilful misrepresentation or fraud; (3) has engaged in a fraudulent or deceptive practice; (4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of a discount medical plan issued or to be issued by it; (5) is unable to meet obligations as determined by generally accepted accounting principles; (6) has, after notice to the person of an alleged occurrence of any of items (1) through (5), refused without just cause to submit relevant information to the administrator with respect to its services within this State. (B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A), the administrative law judge may assess an administrative penalty of not less than one hundred nor more than ten thousand dollars for each violation. These penalties may be assessed in connection with orders to cease and desist.

Legislative History

HISTORY: 2006 Act No. 377, SECTION 1, eff January 1, 2007.