§ 26-49-110 — Enforcement provisions

Wyoming § 26-49-110

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 49: SERVICE CONTRACTS

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(a) The commissioner may conduct examinations of
providers, administrators, insurers or other persons to enforce
this article and protect service contract holders in this state.
Upon request of the commissioner, the provider shall make all
accounts, books and records concerning service contracts sold by
the provider available to the commissioner which are necessary
to enable the commissioner to reasonably determine compliance or
noncompliance with this article.
(b) The commissioner may take action which is necessary or
appropriate to enforce the provisions of this article and the
commissioner’s regulations and orders, and to protect service
contract holders in this state.
(c) If a provider has violated this article or the
commissioner’s regulations or orders, the commissioner may issue
an order directed to that provider to cease and desist from
committing violations of this article or the commissioner’s
regulations or orders; may issue an order prohibiting that
provider from selling or offering for sale service contracts in
violation of this article; or may issue an order imposing a
civil penalty on that provider; or any combination of the
foregoing, as applicable. A person aggrieved by an order issued
under this section may request a hearing before the commissioner
pursuant to W.S. 26-2-125.
(d) The commissioner may bring an action in any court of
competent jurisdiction, for an injunction or other appropriate
relief to enjoin threatened or existing violations of this
article or of the commissioner’s orders or regulations. An
action filed under this section also may seek restitution on
behalf of persons aggrieved by a violation of this article or
orders or regulations of the commissioner.
(e) A person who is found to have violated this article or
orders or regulation of the commissioner may be ordered to pay
to the commissioner a civil penalty in an amount determined by
the commissioner of not more than five hundred dollars ($500.00)
per violation and no more than ten thousand dollars ($10,000.00)
in the aggregate for all violations of a similar nature. For
purposes of this section, violations shall be of a similar
nature if the violation consists of the same or similar course
of conduct, action or practice, irrespective of the number of
times the act, conduct or practice which is determined to be a
violation of this article occurred.