Delaware § 329 - Administrative penalty.

§ 329. Administrative penalty.

(a) Notwithstanding any other provisions of this title or any regulation implementing said title, the Commissioner, upon a finding after notice and hearing conducted in accordance with the provisions of this chapter, that any person, insurer or insurance holding company has violated any provision of this title or any regulation implementing said title, may impose or order an administrative penalty in an amount of money that is reasonable and appropriate in view of the facts and circumstances surrounding the violation. In determining what the amount of penalty shall be, the Commissioner may take into consideration such matters as the nature of the violation, the amount of loss resulting from the violator’s conduct, the intent of the violator, the damages caused by the violation, any efforts made by the violator to correct the violation and prevent a reoccurrence, and the recommendations of any hearing officer.

(b) Any administrative penalty imposed pursuant to this section may be in addition to any penalty, fine or sentence ordered by a court in any civil or criminal proceeding.

(c) Except as identified in subsection (g) of this section, any penalty that may be imposed or ordered by the Commissioner after the hearing shall be paid to the State Treasurer for deposit in the General Fund.

(d) In no event shall the administrative penalty per violation exceed $15,000 for those licensed under Chapter 17 of this title.

(e) Except as identified in subsection (f) of this section, in no event shall the administrative penalty per violation exceed $50,000 for insurance companies, insurance holding companies, and all other persons licensed under this title.

(f) An administrative penalty imposed for a violation of §§ 2503(a)(12) and (a)(15), 3342B, and 3356A of this title may not exceed the equivalent monetary value associated with the relevant violation.

(g) There shall be established a Primary Care Fund whereby penalties imposed under subsection (f) of this section are deposited. Funds in the Primary Care Fund shall be used by the Statewide Benefits Office and the Division of Medicaid and Medical Assistance in the performance of various functions and duties involved in implementation and support of §§ 5204(d) and 5224 of Title 29, and § 539 of Title 31, subject to annual appropriations by the General Assembly. The maximum unencumbered balance which shall remain in the Primary Care Fund after use at the end of any fiscal year is $5,000,000. At the end of each fiscal year, the unencumbered balance in the Primary Care Fund in excess of $5,000,000 shall be transferred to the OPEB Fund established under § 5281 of Title 29.

65 Del. Laws, c. 165, §  1;  70 Del. Laws, c. 185, §  1;  85 Del. Laws, c. 348, § 3;