§431:14-117  Penalties.  (a)  Thecommissioner, if the commissioner finds any person or organization has violatedany provision of this article, may impose a penalty of not more than $500 foreach violation, but if the commissioner finds the violation to be wilful thecommissioner may impose a penalty of not more than $5,000 for each suchviolation.  The penalties may be in addition to any other penalty provided bylaw.  For purposes of this section, any insurer using a rate for which theinsurer has failed to file the rate, supplementary rating information,underwriting rules or guides, or supporting information as required by thisarticle, shall have committed a separate violation for each day such failure tofile continues.

(b)  The commissioner may suspend the licenseof any rating organization or insurer which fails to comply with an order ofthe commissioner within the time limited by the order, or any extension thereofwhich the commissioner may grant.  The commissioner shall not suspend thelicense of any rating organization or insurer for failure to comply with anorder until the time prescribed for an appeal from the order has expired or, ifan appeal has been taken, until the order has been affirmed.  The commissionermay determine when a suspension of license shall become effective and it shallremain in effect for the period fixed by the commissioner unless thecommissioner modifies or rescinds such suspension, or until the order uponwhich the suspension is based is modified, rescinded, or reversed.

(c)  No penalty shall be imposed and no licenseshall be suspended or revoked except upon a written order of the commissioner,stating the commissioner's findings, made after a hearing held upon not lessthan ten days' written notice to the person or organization specifying thealleged violation. [L 1987, c 347, pt of §2; am L 1990, c 255, §13]