44-5512. Violations; director; hearing; orders; penalty; appeal.

279 words·~1 min read·/ne/chapter-44/44-5512

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whenever the director has reason to believe that any person has engaged in any activities in violation of the Surplus Lines Insurance Act, the director may:

(a)Issue an order and notice of hearing directing such person to cease and desist from engaging in such activities; or

(b)Issue a statement of the charges of violation and a notice of hearing to be held within thirty days to determine whether or not such violation occurred.

(2)Any hearing held pursuant to subsection

(1)of this section, and any appeal therefrom, shall be in accordance with the Administrative Procedure Act.

(3)If, after any hearing held pursuant to subsection

(1)of this section, the director finds that the person charged has committed a violation as alleged, he or she shall reduce his or her findings to writing and serve a copy of the findings on the person charged and, in addition, the director may order any one or more of the following:

(a)That such person cease and desist from engaging in such activities;

(b)Payment of a fine of not more than five thousand dollars; and

(c)Suspension or revocation of any surplus lines license held by such person for such period of time as the director determines.

(4)Any person who violates a cease and desist order may, after notice and hearing and upon order of the director, be subject to:

(a)Payment of a fine of not more than ten thousand dollars; and

(b)Suspension or revocation of each insurance license held by such person for such period of time as the director determines.

(5)For purposes of this section, person shall include a nonadmitted insurer.