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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 382

Effective - 28 Aug 1992 bottom

  382.265.  Penalties, certain actions. — 1.  Any insurer failing, without just cause, to file any registration statement as required in this section shall be required, after notice and hearing, to pay an administrative penalty of five hundred dollars for each day's delay, to be recovered by the director, and the penalty so recovered shall be paid to the state treasurer for deposit to the general revenue fund of this state.  The maximum penalty under this section is fifty thousand dollars.  The director may reduce the penalty if the insurer demonstrates to the director that the imposition of the penalty would constitute a financial hardship to the insurer.

  2.  Every director or officer of an insurance holding company system who knowingly violates, participates in, or assents to, or who knowingly shall permit any of the officers or agents of the insurer to engage in transactions or make investments which have not been properly reported or submitted pursuant to section 382.100, 382.195, or 382.210, or which violate this section, shall pay, in their individual capacity, an administrative penalty of not more than one hundred dollars per violation, after notice and hearing before the director.  In determining the amount of the administrative penalty, the director shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and such other matters as justice may require.

  3.  Whenever it appears to the director that any insurer subject to sections 382.010 to 382.300 or any director, officer, employee or agent thereof has engaged in any transaction or entered into a contract which is subject to section 382.190, 382.195, 382.200 or 382.210 and which would not have been approved had such approval been requested, the director may order the insurer to cease and desist immediately any further activity under that transaction or contract.  After notice and hearing the director may also order the insurer to void any such contracts and restore the status quo if such action is in the best interest of the policyholders, creditors or the public.

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(L. 1992 H.B. 1574)


---- end of effective   28 Aug 1992 ----

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