N.Y. Insurance Law § 2404: Power of superintendent

§ 2404. Power of superintendent. The superintendent is empowered to

examine and investigate into the affairs of any person in order to

determine whether the person has violated or is violating section two

thousand four hundred three of this article. In the event any person

does not provide a good faith response to a request for information from

the superintendent, within a time period specified by the superintendent

of not less than fifteen business days, as part of an examination or

investigation initiated by the superintendent pursuant to this section

relating to accident insurance, health insurance, accident and health

insurance or health maintenance organization coverage, the

superintendent is authorized, after notice and hearing, to levy a civil

penalty against such person in an amount not to exceed five hundred

dollars per day for each day beyond the date specified by the

superintendent for response, but in no event shall such penalty exceed

ten thousand dollars. In the event the superintendent levies five

separate civil penalties against any one person within five years for

failure to comply with this section, the superintendent is authorized,

after notice and hearing, to levy an additional civil penalty against

such person in an amount not to exceed fifty thousand dollars. The

superintendent is also authorized to levy additional civil penalties not

to exceed fifty thousand dollars, after notice and hearing, against such

person for every five subsequent violations of this section within a

five year period. Any person licensed pursuant to article twenty-one of

this chapter may surrender such license in lieu of payment of any civil

penalty imposed by the superintendent pursuant to this section.