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§2404
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§2404 . Power of superintendent. The superintendent is empowered to examine and investigate into the affairs of any person in order to determine whether the person has violated or is violating §2403 of this article. In the event any person does not provide a good faith response to a request for information from the superintendent, within a time period specified by the superintendent of not less than 15 business days, as part of an examination or investigation initiated by the superintendent pursuant to (this §) relating to accident insurance, health insurance, accident and health insurance or health maintenance organization coverage, the superintendent is authorized, after notice and hearing, to levy a civil penalty against such person in an amount not to exceed $500 per day for each day beyond the date specified by the superintendent for response, but in no event shall such penalty exceed $10,000. In the event the superin10dent levies 5 separate civil penalties against any 1 person within 5 years for failure to comply with (this §) ,the superintendent is authorized, after notice and hearing, to levy an additional civil penalty against such person in an amount not to exceed $50,000. The superin10dent is also authorized to levy additional civil penalties not to exceed $50,000, after notice and hearing, against such person for every 5 subsequent violations of (this §) within a 5 year period. Any person licensed pursuant to article 21 of this chapter may surrender such license in lieu of payment of any civil penalty imposed by the superintendent pursuant to (this §) . Source Data downloaded: 2009-04-09 14: 46: 32; Processed: 2009-05-08 15: 35: 57
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