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



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



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



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



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