2012 New York Consolidated Laws
ISC - Insurance
Article 24 - (2401 - 2409) UNFAIR METHODS OF COMPETITION AND UNFAIR AND DECEPTIVE ACTS AND PRACTICES
2406 - Procedure after report; defined violation.

 
    § 2406. Procedure after report; defined violation.  (a) If the hearing
  was  on a charge of a defined violation the superintendent shall make an
  order on his report and serve a copy of the findings and order upon  the
  person   charged   with   the  violation  and  any  intervenor.  If  the
  superintendent finds that the person complained  of  has  engaged  in  a
  defined  violation,  the  order  shall  require  the person to cease and
  desist from engaging in such defined violation.    Furthermore,  if  the
  superintendent   finds,  after  notice  and  hearing,  that  the  person
  complained of has engaged in an act prohibited by section three thousand
  two  hundred  twenty-four-a  of  this  chapter,  the  superintendent  is
  authorized  to  levy a civil penalty against such person in an amount up
  to five hundred dollars per day for each day beyond the date that a bill
  or claim was to be processed in accordance with section  three  thousand
  two  hundred  twenty-four-a  of this chapter, but in no event shall such
  penalty exceed five thousand dollars.
    (b) Until a proceeding for judicial review has been commenced, or  the
  time  to  commence  the  proceeding has expired, the superintendent may,
  upon notice and in the manner he deems proper, modify or set  aside  all
  or part of any order issued by him under this section.
    (c)  If a proceeding for judicial review has not been commenced within
  the time allowed, the superintendent may, after notice  and  opportunity
  for  hearing,  modify  or set aside, all or part, of any order issued by
  him under this section, whenever in his opinion  changed  conditions  of
  fact or law or the public interest require.
    (d)  A  cease and desist order issued under this section is final upon
  the expiration of the time  allowed  for  commencing  a  proceeding  for
  judicial review if no proceeding has been commenced within such time, or
  upon  the  final decision of the court affirming the order or dismissing
  the proceeding.
    (e) Any person who violates a cease and desist  order  issued  by  the
  superintendent  under  this section after it has become final, and while
  it is in effect, shall be liable to the  people  of  this  state  for  a
  penalty  in  an  amount  not  to  exceed  five thousand dollars for each
  violation. In determining the amount of  the  penalty  the  question  of
  whether  the  violation  was  wilful  shall be taken into consideration.
  Nothing herein shall limit a court in enforcing its own orders.