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



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which the suspension is based is modified, rescinded, or reversed.



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