LC 5 ( 3 of 8 ) INVESTIGATIONS, HEARINGS, AND PENALTIES

statement of charges

If the Commissioner suspects that an insurer or its agents has committed a violation, the commissioner may issue a ________________ of ______________ and hold a hearing

cease and desist

If the Commissioner believes any licensed agent is engaged in unfair trade practice or an unlicensed person, the Commissioner may issue an emergency _______________ and ________________ order served by registered or certified mail.

6th

The Commissioner may not hold a hearing before the ________ day after the date the notice is served

30 days

If the Commissioner issues an emergency cease and desist order it must explain the rights of person charged. (1 of 3) Right to request a hearing within _____ days of the order.

10th

If the Commissioner issues an emergency cease and desist order it must explain the rights of person charged. (2 of 3) Hearing must be no later than the _____ day after the request is received unless both agree to do later.

hearing

If the Commissioner issues an emergency cease and desist order it must explain the rights of person charged. (3 of 3) cease and desist order remains until ___________ is held.

before - after

The difference between an emergency cease and desist and a cease and desist order is that an Emergency cease and desist is ordered __________the hearing and cease and desist is ordered ___________ the hearing and found guilty.

court

On determining that a person committed a violation, the department will make written findings and issue a cease and desist order. The agent must appeal to the ____________ system if he disagrees.

$1000 or $5000

A person who violates a cease and desist order of the commissioner will be subject to an administrative penalty of $______________ for each violation or $_______________ for all violations

$50 or $500

If a person has been found by a court to have violated a cease and desist order, that person must pay a CIVIL penalty of $___ or $__________ for willful violations.

administrative

In addition to the suspension or revocation of a license, the Commissioner may impose any or all of the following penalties: (1 of 2) Order the payment of an ___________ penalty

restitution

In addition to the suspension or revocation of a license, the Commissioner may impose any or all of the following penalties: (2 of 2) Order the licensee to make __________________.

code

The Commissioner may impose an administrative penalty on a license who violates any 3 of these( 1 of 3 ) The insurance ___________

another

The Commissioner may impose an administrative penalty on a license who violates any 3 of these( 2 of 3 ) __________ insurance law of his state.

rule

The Commissioner may impose an administrative penalty on a license who violates any 3 of these(3 of 3 )A __________ adopted under the insurance code or law of this state

25K

The penalty for a code violation may not exceed _____ unless specified by another law.

seriousness

These 7 factors are used to determine the amount of the penalty for a code violation. (1 of 7) _____________of the violation

Economic

These 7 factors are used to determine the amount of the penalty for a code violation (2 of 7) ____________ harm

previous

These 7 factors are used to determine the amount of the penalty for a code violation (3 of 7) history of __________ violations

deter

These 7 factors are used to determine the amount of the penalty for a code violation (4 of 7) amount to ________ future violations

correct

These 7 factors are used to determine the amount of the penalty for a code violation (5 of 7) amount to ___________ the violation

international

These 7 factors are used to determine the amount of the penalty for a code violation (6 of 7)

whether it was ________

justice

These 7 factors are used to determine the amount of the penalty for a code violation (7 of 7) any other matter that requires ____________

14

After determining that a violation has occurred, the department must give written notice of the right to a hearing to the affected person no later than __________ days after reported issue

recommended

This notice must include a brief summary of the alleged violation and a statement of the amount of the ____________________ penalty

right to a hearing

The notice must also inform the person that he/she has a, 1 of 2, right to a ____________ on the occurrence of the violation,

amount

The notice must also inform the person that he/she has a right to a hearing on the occurrence of the violation, 2 of 2 , the ____________ of the penalty, or both.

20 days

The person has _____ days from receiving the notice to accept the determination and recommended penalty or to request a hearing.

violation

After a hearing, the Commissioner will, by order, find that a ______________ occurred and impose an administrative penalty, or find that a violation did not occur.

30 days after

After a hearing, a Notice of the Commissioner's order must include a statement of the person's right to judicial review of the order. No later than _____ days after the date the Commissioner's order becomes final, the person must pay the penalty, or file a petition for judicial review.

deny

In addition to any other remedy available for a violation of the insurance code, law or rule of the Commissioner, the department may (1 of 5) ____________ application for license

renewal

In addition to any other remedy available for a violation of the insurance code, law or rule of the Commissioner, the department may (2 of 5) suspend, revoke or deny _______________

probation

In addition to any other remedy available for a violation of the insurance code, law or rule of the Commissioner, the department may (3 of 5) place on _____________ a person whose license has been suspended

assess

In addition to any other remedy available for a violation of the insurance code, law or rule of the Commissioner, the department may (4 of 5) ______________ an administrative penalty

reprimand

In addition to any other remedy available for a violation of the insurance code, law or rule of the Commissioner, the department may (5 of 5) _______________ a license holder