2019 South Dakota Codified Laws
Title 58 - Insurance
Chapter 33 - Unfair Trade Practices
§ 58-33-110 Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.
58-33-110. Circumstances mitigating violation of §§ 58-33-102 to 58-33-108. Any violation of §§ 58-33-102 to 58-33-108, inclusive, is mitigated, and the division shall reduce or eliminate any sanction otherwise applicable, if a licensee or other person demonstrates all of the following:
(1) The licensee or other person maintained supervisory procedures and controls that complied with § 58-33-112;
(2) The violation occurred despite the maintenance of those procedures and controls;
(3) The licensee or other person promptly reported the health benefit plan to the MEWA contact once the licensee or other person had actual knowledge that it was unauthorized health insurance; and
(4) The licensee or other person took prompt corrective action.
Source: SL 2007, ch 292, § 18.
