7614 - Penalties.

§ 7614. Penalties. (a) If any insurer fails to file any return or make  any payment required by this article, or if the superintendent has cause  to  believe  that  any  return  or  other  statement  filed  is false or  inaccurate in any particular, or that any payment made is incorrect,  he  may  examine  all  the books and records of the insurer to ascertain the  facts and determine the correct amount to be paid and may proceed in any  court of competent jurisdiction to recover for the benefit of  the  fund  any sums shown to be due upon such examination and determination.    (b) Any insurer which fails to make any such required statement, or to  make  any  payment  to  the  fund when due, shall thereby forfeit to the  appropriate fund a penalty of five percent of the amount  determined  to  be  due  plus  one  percent  of  such amount for each month of delay, or  fraction thereof, after the expiration of the first month of such delay.  If satisfied that the delay was excusable, the superintendent may  remit  all or any part of the penalty.    (c)  The superintendent, in his discretion, may revoke the certificate  of authority to do business in this state of any foreign  insurer  which  fails  to  comply  with  this  article  or  to  pay  any penalty imposed  hereunder.