N.Y. Insurance Law § 2406: Procedure after report; defined violation

§ 2406. Procedure after report; defined violation. (a) If the hearing

was on a charge of a defined violation the superintendent shall make an

order on his report and serve a copy of the findings and order upon the

person charged with the violation and any intervenor. If the

superintendent finds that the person complained of has engaged in a

defined violation, the order shall require the person to cease and

desist from engaging in such defined violation. Furthermore, if the

superintendent finds, after notice and hearing, that the person

complained of has engaged in an act prohibited by section three thousand

two hundred twenty-four-a of this chapter, the superintendent is

authorized to levy a civil penalty against such person in an amount up

to five hundred dollars per day for each day beyond the date that a bill

or claim was to be processed in accordance with section three thousand

two hundred twenty-four-a of this chapter, but in no event shall such

penalty exceed five thousand dollars.

(b) Until a proceeding for judicial review has been commenced, or the

time to commence the proceeding has expired, the superintendent may,

upon notice and in the manner he deems proper, modify or set aside all

or part of any order issued by him under this section.

(c) If a proceeding for judicial review has not been commenced within

the time allowed, the superintendent may, after notice and opportunity

for hearing, modify or set aside, all or part, of any order issued by

him under this section, whenever in his opinion changed conditions of

fact or law or the public interest require.

(d) A cease and desist order issued under this section is final upon

the expiration of the time allowed for commencing a proceeding for

judicial review if no proceeding has been commenced within such time, or

upon the final decision of the court affirming the order or dismissing

the proceeding.

(e) Any person who violates a cease and desist order issued by the

superintendent under this section after it has become final, and while

it is in effect, shall be liable to the people of this state for a

penalty in an amount not to exceed five thousand dollars for each

violation. In determining the amount of the penalty the question of

whether the violation was wilful shall be taken into consideration.

Nothing herein shall limit a court in enforcing its own orders.