California Insurance Code 1068.2 – (a) The commissioner shall have the administrative authority to …
(a) The commissioner shall have the administrative authority to assess penalties against any person, including a natural person or other entity, for violations of this article.
(b) Upon a showing of a violation of this article in any civil action, a court may also assess the penalties prescribed in this section.
Terms Used In California Insurance Code 1068.2
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
(c) Whenever the commissioner has reasonable cause to believe or determines after a public hearing that any person has violated this article he or she shall make and serve upon the person an notice of hearing. The notice shall state the commissioner’s intent to assess the administrative penalties, the time and place of the hearing, and the conduct, condition or grounds upon which the commissioner is holding the hearing and assessing the penalties. The hearings shall occur within 30 days after the notice is served. Within 30 days after the hearing the commissioner shall issue an order specifying the penalty. The penalties resulting from the hearing shall be paid to the Insurance Fund, but may be spent only when appropriated by the Legislature.
(d) Any person who violates this article is liable for administrative penalties of no less than twenty-five thousand dollars ($25,000).
(Added by Stats. 1990, Ch. 1043, Sec. 11.)