[§432D-18]  Penalties and enforcement.  (a) The commissioner, in lieu of suspension or revocation of a certificate ofauthority, may impose an administrative fine pursuant to section 432D-14(b).

(b)  If the commissioner, for any reason, hascause to believe that any violation of this chapter has occurred or isthreatened, the commissioner may give notice to the health maintenanceorganization and to the representatives, or other persons who appear to beinvolved in such suspected violation, to arrange a conference with the allegedviolators or their authorized representatives for the purpose of attempting toascertain the facts relating to such suspected violation and, in the event itappears that any violation has occurred or is threatened, to arrive at anadequate and effective means of correcting or preventing such violation. Proceedings under this subsection shall not be governed by any formalprocedural requirements, and may be conducted in such manner as thecommissioner may deem appropriate under the circumstances.  However, unlessconsented to by the health maintenance organization, no order may result from aconference until the requirements of this section are satisfied.

(c)  The commissioner may issue an orderdirecting a health maintenance organization or a representative of a healthmaintenance organization to cease and desist from engaging in any act orpractice in violation of the provisions of this chapter.  Any person aggrievedby an order of the commissioner under this section may obtain judicial reviewof the order in the manner provided for by chapter 91.

(d)  In the case of any violation of theprovisions of this chapter, if the commissioner elects not to issue a cease anddesist order, or in the event of noncompliance with a cease and desist orderissued pursuant to subsection (c), the commissioner may institute a proceedingto obtain injunctive or other appropriate relief in any court of competentjurisdiction.

(e)  Notwithstanding any other provisions ofthis chapter, if a health maintenance organization fails to comply with the networth requirement of this chapter, the commissioner may take appropriate actionto assure that the continued operation of the health maintenance organizationwill not be hazardous to its enrollees. [L 1995, c 179, pt of §1]