375.1012. Director's findings--cease and desist orders--penalty, suspension, revocation--appeal.
Director's findings--cease and desist orders--penalty, suspension,revocation--appeal.
375.1012. 1. If, after such hearing, the directordetermines that the insurer charged had engaged in an improperclaims practice prohibited by sections 375.1000 to 375.1018, heshall reduce his findings to writing and shall issue and cause tobe served upon the person charged with the violation a copy ofsuch findings and an order requiring such person to cease anddesist from engaging in such improper claims practice, andthereafter the director may, at his discretion order one or moreof the following:
(1) Payment of a monetary penalty of not more than onethousand dollars for each violation but not to exceed anaggregate penalty of one hundred thousand dollars in anytwelve-month period unless the violation was committed flagrantlyand in conscious disregard of sections 375.1000 to 375.1018, inwhich case the penalty shall be not more than twenty-fivethousand dollars for each violation but not to exceed anaggregate penalty of two hundred fifty thousand dollars in anytwelve-month period;
(2) Suspension or revocation of the insurer's license ifsuch insurer knew or reasonably should have known it was inviolation of sections 375.1000 to 375.1018.
2. Until the expiration of the time allowed under section375.1016 for filing a petition for judicial review, if no suchpetition has been duly filed within such time, or if a petitionfor review has been filed within such time, then until thetranscript of the record in the proceeding has been filed in thecircuit court of Cole County, the director may at any time, uponsuch notice and in such manner as he shall deem proper, modify orset aside in whole or in part any order issued by him under thissection.
3. After the expiration of the time allowed for filing sucha petition for review, if no such petition has been duly filedwithin such time, the director may at any time, after notice andopportunity for hearing, reopen and alter, modify or set aside,in whole or in part, any order issued by him under this section,whenever in his opinion conditions of fact or of law have sochanged as to require such action or if the public interest shallso require.
4. Nothing contained in sections 375.1000 to 375.1018 shallbe construed to prohibit the director and the person fromagreeing to a voluntary forfeiture with or without proceedingsbeing instituted.
(L. 1991 S.B. 53 § 8)