Ohio § 3961.08

§ 3961.08.

(A) No person shall fail to comply with sections 3961.01 to 3961.09 of the Revised Code .  If the superintendent of insurance determines that any person has violated sections 3961.01 to 3961.07 of the Revised Code , the superintendent may take one or more of the following actions: (1) Assess a civil penalty in an amount not to exceed twenty-five thousand dollars per

violation if the person knew or should have known of the violation; (2) Assess administrative costs to cover the expenses incurred in the administrative

action, including, but not limited to, expenses incurred in the investigation and

hearing process.  Costs collected under this division shall be paid into the state treasury to the

credit of the department of insurance operating fund created in section 3901.021 of the Revised Code . (3) Order corrective actions in lieu of or in addition to the other penalties described

in this section, including, but not limited to, suspending civil penalties if a discount

medical plan organization complies with the terms of the corrective action order; (4) Order restitution to members. (B)(1) Before imposing a penalty under division (A) of this section, the superintendent

shall give a discount medical plan organization notice and opportunity for hearing

as described in Chapter 119. of the Revised Code. (2) Notices regarding the scheduling of hearings and all other notices for which Chapter

119. of the Revised Code does not require a particular type of service shall be sent

by ordinary mail to the party and the party's attorney. (3) A subpoena or subpoena duces tecum from the superintendent or the superintendent's

designee or attorney to a witness for appearance at a hearing, for the production

of documents or other evidence, or for taking testimony for use at a hearing shall

be served by certified mail, return receipt requested.  The subpoenas described in this division shall be enforced in the manner described

in section 119.09 of the Revised Code .  Nothing in this division shall be construed to limit the superintendent's other

statutory powers to issue subpoenas. (C)(1) If a violation of sections 3961.01 to 3961.07 of the Revised Code has caused, is causing, or is about to cause substantial and material harm, the superintendent

may issue a cease-and-desist order requiring a person to cease and desist from engaging

in a violation. (2) The superintendent shall, immediately after issuing an order pursuant to division

(C)(1) of this section, serve notice of the order by certified mail, return receipt

requested, or by any other manner described in division (B) of this section to the

person subject to the order and all other persons involved in the violation.  The notice shall specify the particular act, omission, practice, or transaction

that is the subject of the order and set a date, not more than fifteen days after

the date the order was issued, for a hearing on the continuation or revocation of

the order.  The person subject to the order shall comply with the order immediately upon receiving

the order.  After an order is issued pursuant to division (C)(1) of this section, the superintendent

may publicize and notify all interested parties that a cease-and-desist order was

issued. (3) Upon application by the person subject to the order and for good cause, the superintendent

may continue the hearing date described in division (C)(2) of this section.  Chapter 119. of the Revised Code applies to the hearing on the order to the extent

that the chapter does not conflict with the procedures described in this section.  The superintendent shall, within fifteen days after objections are submitted concerning

the hearing officer's report and recommendations, issue a final order either confirming

or revoking the cease-and-desist order described in division (C)(1) of this section.  The final order may be appealed as described in section 119.12 of the Revised Code . (4) The remedy described in division (C) of this section is cumulative and concurrent

with other remedies available under this section. (D) If the superintendent has reasonable cause to believe that an order issued pursuant

to this section has been violated in whole or in part, the superintendent may request

the attorney general to commence any appropriate action against the violator.  In an action described in this division, a court may impose any of the following

penalties: (1) A civil penalty of not more than twenty-five thousand dollars per violation; (2) Injunctive relief; (3) Restitution; (4) Any other appropriate relief. (E) The superintendent shall deposit any penalties assessed under division (A)(1) or

(D) of this section into the state treasury to the credit of the department of insurance

operating fund created in section 3901.021 of the Revised Code .