2406 - Procedure after report; defined violation.

§ 2406. Procedure after report; defined violation.  (a) If the hearing  was  on a charge of a defined violation the superintendent shall make an  order on his report and serve a copy of the findings and order upon  the  person   charged   with   the  violation  and  any  intervenor.  If  the  superintendent finds that the person complained  of  has  engaged  in  a  defined  violation,  the  order  shall  require  the person to cease and  desist from engaging in such defined violation.    Furthermore,  if  the  superintendent   finds,  after  notice  and  hearing,  that  the  person  complained of has engaged in an act prohibited by section three thousand  two  hundred  twenty-four-a  of  this  chapter,  the  superintendent  is  authorized  to  levy a civil penalty against such person in an amount up  to five hundred dollars per day for each day beyond the date that a bill  or claim was to be processed in accordance with section  three  thousand  two  hundred  twenty-four-a  of this chapter, but in no event shall such  penalty exceed five thousand dollars.    (b) Until a proceeding for judicial review has been commenced, or  the  time  to  commence  the  proceeding has expired, the superintendent may,  upon notice and in the manner he deems proper, modify or set  aside  all  or part of any order issued by him under this section.    (c)  If a proceeding for judicial review has not been commenced within  the time allowed, the superintendent may, after notice  and  opportunity  for  hearing,  modify  or set aside, all or part, of any order issued by  him under this section, whenever in his opinion  changed  conditions  of  fact or law or the public interest require.    (d)  A  cease and desist order issued under this section is final upon  the expiration of the time  allowed  for  commencing  a  proceeding  for  judicial review if no proceeding has been commenced within such time, or  upon  the  final decision of the court affirming the order or dismissing  the proceeding.    (e) Any person who violates a cease and desist  order  issued  by  the  superintendent  under  this section after it has become final, and while  it is in effect, shall be liable to the  people  of  this  state  for  a  penalty  in  an  amount  not  to  exceed  five thousand dollars for each  violation. In determining the amount of  the  penalty  the  question  of  whether  the  violation  was  wilful  shall be taken into consideration.  Nothing herein shall limit a court in enforcing its own orders.