§ 26-1-107 — General criminal and civil penalties

Wyoming § 26-1-107

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 1: SCOPE OF CODE

Text

(a) Each violation of this code for which a greater
penalty is not provided by another provision of this code or by
other applicable laws of this state, in addition to any
applicable prescribed denial, suspension or revocation of
certificate of authority or license, is a misdemeanor punishable
upon conviction by a fine of not more than one thousand dollars
($1,000.00), or by imprisonment in the county jail for not more
than six (6) months, or both. Each violation is a separate
offense.
(b) Any person who violates, or who instructs his agent or
adjuster to violate, any provision of this code, any lawful rule
or final order of the commissioner or any final judgment or
decree made by any court, upon the commissioner's application,
shall pay a civil penalty in an amount the commissioner
determines of not more than five thousand dollars ($5,000.00)
for each offense, or fifty thousand dollars ($50,000.00) in the
aggregate for all offenses within any one (1) year period. In
the case of individual agents or adjusters, the civil penalty
shall be not more than one thousand dollars ($1,000.00) for each
offense or ten thousand dollars ($10,000.00) in the aggregate
for all offenses within any one (1) year period. The penalty
shall be collected from the violator and paid by the
commissioner, or the appropriate court, to the state treasurer
and credited as provided in W.S. 8-1-109.
(c) Before the commissioner imposes a civil penalty, he
shall notify the person, agent or adjuster accused of a
violation, in writing, stating specifically the nature of the
alleged violation and fixing a time and place, at least ten (10)
days from the date of the notice, when a hearing of the matter
shall be held. After hearing or upon failure of the accused to
appear at the hearing, the commissioner shall determine the
amount of the civil penalty to be imposed in accordance with the
limitations expressed in subsection (b) of this section. Each
violation is a separate offense.
(d) A civil penalty may be recovered in an action brought
thereon in the name of the state of Wyoming in any court of
appropriate jurisdiction, and the court may review the penalty
as to both liability and reasonableness of amount.
(e) The provisions of this section are in addition to and
not instead of any other enforcement provisions contained in
this code.