LD 1843
pg. 8
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LR 2668
Item 1

 
(3)__An anticompetitive or deceptive practice or one
that is otherwise injurious to the public interest.

 
B.__Except as provided in paragraph C, prior to the issuance
of any order to cease and desist in accordance with this
subsection, the administrator shall provide notice to the
payroll processor. This notice must contain a statement of
the facts upon which the order is to be issued and the date
upon which the order is to take effect.__Upon petition of
any interested party, a hearing in conformity with Title 5,
chapter 375 must be provided prior to the effective date of
any order issued pursuant to this subsection, except as
provided in paragraph C.

 
C.__Whenever, in the opinion of the administrator, a
violation or practice requires immediate action for the
protection of the public or when the violation or practice
or the continuation thereof is likely to cause insolvency or
substantial dissipation of the assets or earnings of the
payroll processor, the administrator may issue an order
pursuant to this subsection which becomes effective upon
service of that order, without prior notice or hearing.__If
an order subsequently is issued by the administrator
pursuant to paragraph A, the administrator shall afford an
opportunity for a hearing to rescind the order and action
taken promptly thereafter, upon application by an interested
party;

 
2.__Bond forfeiture.__After notice and hearing, forfeiture of
that portion of the required bond as proportionately may make
aggrieved parties whole;

 
3.__Civil action by administrator.__A civil action seeking
civil penalties, remedial action and injunctive relief by the
administrator through the Attorney General, after which a court
may assess a civil penalty of not less than $1,500 nor more than
$7,500 per violation or order remedial or injunctive relief.__
When the violation consists of failure to maintain the surety
bond required by section 1495-E, each day in which coverage is
not provided constitutes a separate violation;

 
4.__Private civil action.__A civil action by an aggrieved
employer in which that employer has the right to recover actual
damages from the payroll processor in an amount determined by the
court, plus costs of the action together with reasonable
attorney's fees;

 
5.__Regulatory oversight.__Increased regulatory oversight by
the administrator, including requiring reports or other
information to be submitted at those times and in such forms as


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