New York § 2406 - 2406Procedure after report; defined violation

§ 2406. 2406Procedure after report; defined violation

§ 2406. Procedure after report; defined violation. (a) If the hearing was on a charge of a defined violation the superintendent shall make an order on his report and serve a copy of the findings and order upon the person charged with the violation and any intervenor. If the superintendent finds that the person complained of has engaged in a defined violation, the order shall require the person to cease and desist from engaging in such defined violation. Furthermore, if the superintendent finds, after notice and hearing, that the person complained of has engaged in an act prohibited by section three thousand two hundred twenty-four-a of this chapter, the superintendent is authorized to levy a civil penalty against such person in an amount up to five hundred dollars per day for each day beyond the date that a bill or claim was to be processed in accordance with section three thousand two hundred twenty-four-a of this chapter, but in no event shall such penalty exceed five thousand dollars. (b) Until a proceeding for judicial review has been commenced, or the time to commence the proceeding has expired, the superintendent may, upon notice and in the manner he deems proper, modify or set aside all or part of any order issued by him under this section. (c) If a proceeding for judicial review has not been commenced within the time allowed, the superintendent may, after notice and opportunity for hearing, modify or set aside, all or part, of any order issued by him under this section, whenever in his opinion changed conditions of fact or law or the public interest require. (d) A cease and desist order issued under this section is final upon the expiration of the time allowed for commencing a proceeding for judicial review if no proceeding has been commenced within such time, or upon the final decision of the court affirming the order or dismissing the proceeding. (e) Any person who violates a cease and desist order issued by the superintendent under this section after it has become final, and while it is in effect, shall be liable to the people of this state for a penalty in an amount not to exceed five thousand dollars for each violation. In determining the amount of the penalty the question of whether the violation was wilful shall be taken into consideration. Nothing herein shall limit a court in enforcing its own orders.