2005 Vermont Code - § 3661. — Cease and desist powers; prosecutions and penalties

§ 3661. Cease and desist powers; prosecutions and penalties

(a) When the commissioner believes that an insurer or an officer or agent thereof, or any other person, has violated the law, an administrative rule of the department, or an order of the commissioner relating to insurance, or has not complied with its requirements, he or she:

(1) may issue an order to cease and desist such violation or activity. Such an order shall be subject to de novo judicial review in the Washington superior court, but such review shall not stay the enforcement of the commissioner's order while under review, unless the court shall so determine after a preliminary hearing that a stay of enforcement will not unduly injure the interests of the people of the state, in which case a stay of execution may be granted;

(2) may report each violation with any information he or she has relating thereto to the attorney general who shall prosecute therefor if he or she deems it advisable. The offender shall be fined not more than $2,000.00 as a result of any such prosecution by the attorney general; and

(3) may, after notice and opportunity for hearing, impose a civil administrative penalty of not more than $1,000.00 for each violation, and not more than $10,000.00 for each willful violation.

(b) The powers vested in the commissioner by this section shall be in addition to any other powers to enforce penalties, fines, or forfeitures authorized by law with respect to violations of the law relating to insurance, except that the commissioner shall not impose an administrative penalty under subdivision (a)(3) of this section if the commissioner may impose another administrative penalty authorized by law for the same violation. (1967, No. 344 (Adj. Sess.), § 1 (ch. 1, subch. 13, § 1); amended 1983, No. 199 (Adj. Sess.); 2003, No. 105 (Adj. Sess.), § 7.)