South Dakota Statutes

§ 58-33-110 — Circumstances mitigating violation of §§

South Dakota·Title 58 INSURANCE·Ch. 58-32 UNFAIR TRADE PRACTICES

Any violation of §§ 58-33-102 to 58-33-108 , inclusive, is mitigated, and the division shall reduce or eliminate any sanction otherwise applicable, if a licensee or other person demonstrates all of the following:

(1)The licensee or other person maintained supervisory procedures and controls that complied with § 58-33-112 ;
(2)The violation occurred despite the maintenance of those procedures and controls;
(3)The licensee or other person promptly reported the health benefit plan to the MEWA contact once the licensee or other person had actual knowledge that it was unauthorized health insurance; and (4) The licensee or other person took prompt corrective action.

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Legislative History

SL 2007, ch 292, § 18.

Nearby Sections

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