CHAPTER 41
S.P. 133 - L.D. 409
An Act To Clarify the Superintendent of Insurance's Authority To Assess Civil Penalties
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §12-A, sub-§1, as amended by PL 2001, c. 165, Pt. B, §1, is further amended to read:
1. Civil penalty. Civil penalties may be assessed against any person who:
A. Violates any provision of this Title, Title 24 or any other law enforced by the superintendent;
B. Violates any rule lawfully adopted by the superintendent; or
C. Violates any lawful order of the superintendent that has not been stayed by order of the superintendent or the Superior Court.
The Superior Court, upon an action brought by the Attorney General, may assess a civil penalty of not less than $500 and not more than $5,000 for each violation in the case of an individual and not less than $2,000 and not more than $15,000 for each violation in the case of a corporation or other entity other than an individual, unless the applicable law specifies a different civil penalty.
The superintendent, following an adjudicatory hearing, may assess a civil penalty of up to $500 for each violation in the case of an individual and a civil penalty of up to $10,000 for each violation in the case of a corporation or other entity other than an individual, unless the applicable law specifies a different civil penalty. The superintendent shall notify the Attorney General or the Attorney General's designee of any such adjudicatory hearing at the time that the notice of hearing is issued by the superintendent. The superintendent may not assess a civil penalty only if the Attorney General elected not notifies the superintendent that the Attorney General intends to pursue an action in Superior Court to seek civil penalties for the same conduct. The Attorney General shall notify the superintendent in writing whether or not the Attorney General elects to pursue an action in Superior Court within 90 days after receiving a request from the superintendent for such an action. If the Attorney General elects to pursue the noticed action in Superior Court, the Attorney General shall notify the superintendent of that decision no later than 7 days prior to the hearing.
Effective September 17, 2005.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
