20-379. Deviations in title insurance rates

A. No title insurer or title insurance agent may deviate from its rates that are in effect for the title insurer or title insurance agent pursuant to section 20-376.

B. If the director finds that a title insurer or title insurance agent has charged rates that deviate from its rates filed pursuant to section 20-376, the title insurer or title insurance agent who computed and initially collected the deviation is subject to a civil penalty for each deviation that is equal to the difference between the rate charged and the allowable rate pursuant to section 20-376. To the extent that the deviation results in an overcharge, the director in lieu of a civil penalty may require a refund of the overcharge.

C. If after a hearing the director finds that a title insurer or title insurance agent with such frequency as to indicate a general business practice violated the provisions of this section and section 20-376 with respect to a particular provision of the applicable title insurance rate, the director, in addition to the civil penalty imposed under subsection B of this section, may:

1. For each violation, impose an additional civil penalty of not more than two times the civil penalty imposed under subsection B of this section.

2. Order the title insurance agent to cease and desist from the act or practice.

3. Revoke the title insurance agent's license or suspend the title insurer's certificate of authority.

D. The civil penalties that are imposed under subsections B and C of this section may not in the aggregate exceed fifteen thousand dollars during any one year period for an individual title insurer or title insurance agent licensed pursuant to this title.

20-379. Deviations in title insurance rates

A. No title insurer or title insurance agent may deviate from its rates that are in effect for the title insurer or title insurance agent pursuant to section 20-376.

B. If the director finds that a title insurer or title insurance agent has charged rates that deviate from its rates filed pursuant to section 20-376, the title insurer or title insurance agent who computed and initially collected the deviation is subject to a civil penalty for each deviation that is equal to the difference between the rate charged and the allowable rate pursuant to section 20-376. To the extent that the deviation results in an overcharge, the director in lieu of a civil penalty may require a refund of the overcharge.

C. If after a hearing the director finds that a title insurer or title insurance agent with such frequency as to indicate a general business practice violated the provisions of this section and section 20-376 with respect to a particular provision of the applicable title insurance rate, the director, in addition to the civil penalty imposed under subsection B of this section, may:

1. For each violation, impose an additional civil penalty of not more than two times the civil penalty imposed under subsection B of this section.

2. Order the title insurance agent to cease and desist from the act or practice.

3. Revoke the title insurance agent's license or suspend the title insurer's certificate of authority.

D. The civil penalties that are imposed under subsections B and C of this section may not in the aggregate exceed fifteen thousand dollars during any one year period for an individual title insurer or title insurance agent licensed pursuant to this title.