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§ 310.91. Enforcement by department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: June 4, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 1. Insurance Department (Refs & Annos)
Article VI-a. Insurance Producers (Refs & Annos)
Subarticle B. Regulation of Insurance Producers (Refs & Annos)
Division 3. Enforcement
Effective: June 4, 2003
40 P.S. § 310.91
§ 310.91. Enforcement by department
(a) Notice.--Upon evidence of a violation of this act, the department shall notify the person of the alleged violation. The notice shall specify the nature of the alleged violation and fix a time and place, at least ten days thereafter, when a hearing on the matter shall be held.
(b) Hearing.--The department shall conduct the hearing on the violation in accordance with 2 Pa.C.S. Ch. 5 Subch. A1 (relating to practice and procedure of Commonwealth agencies).
(c) Evidence.--No person shall be excused from testifying or from producing any books, papers, contracts, agreements or documents at any hearing held by the commissioner on the ground that the testimony or evidence may tend to incriminate that person.
(d) Penalties.--After the hearing or upon failure of the person to appear at the hearing, if a violation of this act is found, the commissioner may, in addition to any penalty which may be imposed by a court, impose any combination of the following deemed appropriate:
(1) Denial, suspension, refusal to renew or revocation of the license, if any, of the person.
(2) A civil penalty not to exceed $5,000 for each action in violation of this act.
(3) An order to cease and desist.
(4) Any other conditions as the commissioner deems appropriate.

Credits

1921, May 17, P.L. 789, art. VI-A, § 691-A, added 2002, Dec. 6, P.L. 1183, No. 147, § 2, effective in 180 days.

Footnotes

2 Pa.C.S.A. § 501 et seq.
40 P.S. § 310.91, PA ST 40 P.S. § 310.91
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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