Section 13-117 - Enforcement of title.

§ 13-117. Enforcement of title.
 

(a)  Adoption of regulations.- After notice and hearing, the Commissioner may adopt regulations to carry out this title. 

(b)  Violations of title or regulations.- If the Commissioner finds that an insurer or other person authorized or licensed by the Commissioner has violated this title or a regulation adopted under this title, then after written notice and a hearing, the Commissioner shall: 

(1) set forth the details of the findings; and 

(2) issue an order for compliance by a specified date. 

(c)  Effect of order.- An order issued under subsection (b) of this section binds the insurer or other person authorized or licensed by the Commissioner on the date specified unless: 

(1) the Commissioner withdraws the order before the specified date; or 

(2) a court of competent jurisdiction orders a stay of the order of the Commissioner. 

(d)  Judicial review.-  

(1) A party to a proceeding under this title that is aggrieved by an order of the Commissioner is entitled to judicial review in accordance with § 2-215 of this article. 

(2) The filing of an appeal from the withdrawal of approval of a form or rate previously in use operates as a stay, unless the court determines otherwise. 

(e)  Civil penalties.- In addition to any other penalty provided by law, on proof satisfactory to the court, the court may impose on an insurer or other person that violates a final order of the Commissioner while the order is in effect a civil penalty not exceeding $250, or if the violation is willful, a civil penalty not exceeding $1,000. 

(f)  Suspension or revocation for willful violation.-  

(1) After notice and a hearing, the Commissioner may suspend or revoke the license, certificate of authority, or certificate of qualification of an insurer or other person that violates a final order of the Commissioner. 

(2) The order for suspension or revocation is subject to judicial review in accordance with § 2-215 of this article. 
 

[An. Code 1957, art. 48A, §§ 436M, 436N, 436-O; 1996, ch. 11.]