Penalties and enforcement

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§6217. Penalties and enforcement

1.  Cease and desist order.  The superintendent may issue an order directing a provider to cease and desist from engaging in any act or practice in violation of this chapter.  

[PL 1987, c. 482, §1 (NEW).]

2.  Superior Court.  In the case of any violation under this chapter, if the superintendent elects not to issue a cease and desist order or in the event of noncompliance with a cease and desist order issued pursuant to this section, the superintendent may apply to the Superior Court to issue an injunction restraining the company in whole or in part from proceeding further with its business or may apply for an order of the court to command performance consistent with contractual obligations of the provider.  

[PL 1987, c. 482, §1 (NEW).]

3.  Civil penalties.  A person or organization in violation of this chapter shall be subject to a civil penalty of not more than $1,000 for each violation, payable to the State, to be recovered in a civil action. If a violation is willful, the person or organization shall be subject to a civil penalty of not more than $10,000 for each violation, payable to the State, to be recovered in a civil action. These penalties may be in addition to any other penalty provided by law. A separate violation may be held to exist for each day that the violation continues.  

[PL 1987, c. 482, §1 (NEW).]

4.  Class E crime.  Any person that violates any provision of this chapter commits a Class E crime. Each violation of this chapter shall constitute a separate offense.  

[PL 1987, c. 482, §1 (NEW).]

SECTION HISTORY

PL 1987, c. 482, §1 (NEW).


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