2006 Louisiana Laws - RS 22:1910 — Cease and desist order; penalty for violation

§1910.  Cease and desist order; penalty for violation

A.  Following a hearing held pursuant to the provisions of the Administrative Procedure Act, if the commissioner determines that the provisions of this Part have been violated, he shall, in addition to the authority to revoke or suspend a license as provided in R.S. 22:1908, have the authority to issue an order requiring such person or insurer violating the provisions of this Part, to cease and desist from such method, act, or practice.  A written record shall be made of the commissioner's findings.  

B.  If, after issuing such cease and desist order, such person or insurer continues to violate the provisions of this Part, the commissioner may seek the enforcement of such order by civil legal action filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.  Any person who violates a cease and desist order of the commissioner after it has become final and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the state of Louisiana a sum not to exceed five hundred dollars, except that, if such violation is found to be willful, the amount of such penalty shall be a sum not to exceed five thousand dollars.  

C.  The commissioner may issue a cease and desist order for violation of R.S. 22:1901 pending compliance with the Administrative Procedure Act as provided in this Section.  

Added by Acts 1981, No. 472, §1, eff. July 19, 1981.