(a) If the Commissioner finds that one or more grounds exist for the revocation or suspension of a certificate of authority issued under this chapter, the Commissioner may, in lieu of such suspension or revocation, impose a fine upon the insurer or association.
(b) With respect to any nonwillful violation, such fine may not exceed $500 per violation. In no event may such fine exceed an aggregate amount of $2,500 for all nonwillful violations arising out of the same action. When an ambulance service association discovers a nonwillful violation, the association shall correct the violation and, if restitution is due, make restitution to all affected persons. Such restitution shall include interest at 12 percent (12%) per annum from either the date of the violation or the date of inception of the affected person's policy, at the option of the association. The restitution may be a credit against future premiums due, provided the interest accumulates until the premiums are due. If the amount of restitution due to any person is $50 or more, and the association wishes to credit it against future premiums, it shall notify such person that he may receive a check instead of a credit. If the credit is on a policy which is not renewed, the association shall pay the restitution to the person to whom it is due.
(c) With respect to any knowing and willful violation of a lawful order, rule or regulation of the Commissioner or a provision of this chapter, the Commissioner may impose a fine upon the association in an amount not to exceed $5,000 for each such violation. In no event may such fine exceed an aggregate amount of $20,000 for all knowing and willful violations arising out of the same action. In addition to such fines, the association shall make restitution when due in accordance with the provisions of subsection (b) of this section.
(d) The failure of an association to make restitution when due as required under this section constitutes a willful violation of this chapter. However, if a corporation in good faith is uncertain as to whether any restitution is due or as to the amount of such restitution, it shall promptly notify the Commissioner of the circumstances, and the failure to make restitution pending a determination thereof will not constitute a violation of this chapter.