HOUSE BILL No. 4846

April 29, 2009, Introduced by Reps. Slezak, Haase, Kandrevas, Haugh, Scripps, Barnett, Slavens, Switalski, Young, Durhal, Miller, Nathan, Liss and Womack 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.