South Carolina Code 38-59-30. Notice and hearing by director or designee; penalties
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 38-59-30
- Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
- Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
If, after due notice and hearing, the director or his designee determines that the insurer has engaged in any of the improper claim practices defined in § 38-59-20, he shall order the insurer to cease and desist from the practice and may impose a penalty as provided in § 38-2-10. If the penalty is imposed, the penalty may not be considered a cost of the insurer for purposes of determining whether or not the rates of the insurer warrant adjustment.