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§ 4405. Enforcement by department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: February 15, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 44. Navigator and Exchange Assister Accessibility and Regulation Act
Effective: February 15, 2016
40 P.S. § 4405
§ 4405. Enforcement by department
Currentness
(a) Notice.--Upon evidence of a violation of this act or Article VI-A of the act of May 17, 1921 (P.L. 789, No. 285),1 known as The Insurance Department Act of 1921, 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 10 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. A (relating to practice and procedure of Commonwealth agencies).
(c) Evidence.--A person may not 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 is found, the commissioner may, in addition to any penalty which may be imposed by a court, do any combination of the following deemed appropriate:
(1) Deny, suspend, refuse to renew or revoke the registration, if any, of the person.
(2) Impose a civil penalty of up to $5,000 for each violation of this act.
(3) Impose an order to cease and desist.
(4) Report violations of this act to the United States Department of Health and Human Services.
(5) Refer potential violations of any laws of this Commonwealth relating to privacy of personal information to the Office of Attorney General.
(6) Enforce other violations of The Insurance Department Act of 1921, as applicable.
(7) Impose any other conditions the commissioner deems appropriate.
(e) Regulations and form.--The department may promulgate regulations and publish forms as necessary and appropriate to carry out this act.

Credits

2015, June 19, P.L. 25, No. 7, § 5, effective Feb. 15, 2016.

Footnotes

1
40 P.S. § 310.1 et seq.
40 P.S. § 4405, PA ST 40 P.S. § 4405
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document