April 19, 2005, Introduced by Reps. Condino, Wojno, Plakas, Anderson, Alma Smith, Donigan, Bieda, Tobocman, Polidori, Vagnozzi, Leland, Accavitti, Lemmons, III, Kolb and Meisner and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 2038 (MCL 500.2038).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2038. (1) If, after opportunity for a hearing held
pursuant
to Act No. 306 of the Public Acts of 1969, as amended
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, the commissioner determines that the person complained
of has engaged in methods of competition or unfair or deceptive
acts or practices prohibited by sections 2001 to 2050, the
commissioner shall reduce his or her findings and decision to
writing and shall issue and cause to be served upon the person
charged with the violation a copy of the findings and an order
requiring the person to cease and desist from engaging in that
method of competition, act, or practice and, in addition, the
commissioner may order any of the following:
(a)
Payment of a monetary penalty of not more than $500.00
$1,000.00 for each violation but not to exceed an aggregate penalty
of
$5,000.00 $10,000.00, unless the person knew or reasonably
should have known he or she was in violation of this chapter, in
which
case the penalty shall not be more than $2,500.00 $5,000.00
for
each violation and shall not exceed an aggregate penalty of
$25,000.00
$50,000.00 for all
violations committed in a 6-month
period.
(b) Suspension or revocation of the person's license or
certificate of authority if the person knowingly and persistently
violated a provision of this chapter.
(c) Refund of any overcharges.
(2) The filing of a petition for review does not stay
enforcement of action pursuant to this section, but the
commissioner may grant, or the appropriate court may order, a stay
upon appropriate terms.
(3) Until the expiration of the time allowed under section 244
for filing a petition for review if a petition has not been duly
filed within that time or, if a petition for review has been filed
within that time, then until the transcript of the record in the
proceeding
has been filed in the circuit court, as hereinafter
provided,
the commissioner, upon notice and
in a manner as he
shall
deem or she considers proper, may modify or set aside in
whole
or in part an order issued by him the commissioner under
this section.
(4) After the expiration of the time allowed for filing a
petition for review, if a petition has not been duly filed within
that time, the commissioner may at any time, by order, after notice
and opportunity for hearing, reopen and alter, modify, or set
aside,
in whole or in part, an order issued by him the
commissioner under this section, when in his if in the
commissioner's opinion conditions of fact or of law have so changed
as
to require that action or if the public interest shall so
require
requires.