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



(b)  If the commissioner, for any reason, has
cause to believe that any violation of this chapter has occurred or is
threatened, the commissioner may give notice to the health maintenance
organization and to the representatives, or other persons who appear to be
involved in such suspected violation, to arrange a conference with the alleged
violators or their authorized representatives for the purpose of attempting to
ascertain the facts relating to such suspected violation and, in the event it
appears that any violation has occurred or is threatened, to arrive at an
adequate and effective means of correcting or preventing such violation. 
Proceedings under this subsection shall not be governed by any formal
procedural requirements, and may be conducted in such manner as the
commissioner may deem appropriate under the circumstances.  However, unless
consented to by the health maintenance organization, no order may result from a
conference until the requirements of this section are satisfied.



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



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



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