[§481X-12]  Enforcement.  (a)  The
commissioner may take any action necessary or appropriate to enforce this
chapter, and the rules adopted and orders issued hereunder.  The commissioner
may conduct investigations and examinations of providers, administrators,
insurers, or other persons.  If a provider has violated this chapter, or rules
or orders under this chapter, the commissioner may issue an order:



(1)  Requiring a person to cease and desist from
violating this chapter or rules or orders under this chapter;



(2)  Prohibiting a person from selling or offering for
sale service contracts in violation of this chapter; or



(3)  Imposing a civil penalty on a person or any
combination of the foregoing, as applicable.



(b)  A person aggrieved by an order under this
section may request a hearing before the commissioner, conducted subject to
chapter 91.  The hearing request shall be filed with the commissioner within
twenty days of the effective date of the commissioner's order.  Upon filing of
a hearing request, the order shall be suspended from its effective date, until
completion of the hearing and final decision of the commissioner.  At the
hearing, the commissioner shall have the burden of proof to show that the order
is justified.



(c)  The commissioner may bring an action in
any court of competent jurisdiction, for an injunction or other appropriate
relief to remedy threatened or existing violations of this chapter, rules
established pursuant to this chapter, or orders of the commissioner.  An action
filed under this section may also seek restitution on behalf of persons
aggrieved by a violation of this chapter, rules established pursuant to this
chapter, or orders of the commissioner.



(d)  Violations of this chapter, rules
established pursuant to this chapter, or orders of the commissioner shall be
considered unfair or deceptive acts or practices in the conduct of trade or
commerce under section 480-2. [L 2000, c 221, pt of §2]