North Carolina § 58-10-790 - Sanctions.

§ 58-10-790. Sanctions.

Civil Penalties. - Any insurer failing, without just cause, to timely file the CGAD as required in this Part shall be subject to a civil penalty of one hundred dollars ($100.00) for each day's delay, not to exceed a total penalty of one thousand dollars ($1,000). Notice and Opportunity to Be Heard Required. - After providing notice and opportunity to be heard in accordance with the provisions of Article 3A of Chapter 150B of the General Statutes, the Commissioner may order the respondent to pay the assessment and civil penalty imposed by this section. Disposition of Civil Penalties. - The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Reduction of Civil Penalties. - The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer. History (2019-57, s. 3(a).) Editor's Note. - Session Laws 2019-57, s. 3(b) provides: "If any provision of Section 3 other than G.S. 58-10-780 , or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this section which can be given effect without the invalid provision or application, and to that end the provisions of this section, with the exception of G.S. 58-10-780 , are severable." Session Laws 2019-57, s. 3(c) made this section effective January 1, 2020, and provided, in part, that: "The first filing of the CGAD shall be made on or before June 1, 2020."