[§431:10D-624]  Mitigation ofresponsibility.  (a)  The commissioner may order:

(1)  An insurer to take reasonably appropriatecorrective action for any consumer harmed by the insurer's, or by its insuranceproducer's, violation of this part;

(2)  An insurance producer to take reasonablyappropriate corrective action for any consumer harmed by the insuranceproducer's violation of this part; and

(3)  A general agency or independent agency thatemploys or contracts with an insurance producer to sell or solicit the sale ofannuities to consumers, to take reasonably appropriate corrective action forany  consumer harmed by the insurance producer's violation of this part.

(b)  Any penalty applicable to an insurer, amanaging general agent, independent agencies, or a producer under article 13 ofchapter 431 for a violation of section 431:10D-623(a), (b), and (c) may bereduced or eliminated if corrective action for the consumer was taken promptlyafter a violation was discovered. [L 2007, c 257, pt of §2]