LD 1640
pg. 9
Page 8 of 11 An Act Regarding Service Contracts Page 10 of 11
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LR 2384
Item 1

 
1.__Examinations.__The superintendent may conduct examinations of
providers, administrators, insurers or other persons to enforce
this chapter and protect service contract holders in this State.__
Upon request of the superintendent, the provider shall make all
accounts, books and records concerning service contracts sold by
the provider that are necessary to enable the superintendent to
reasonably determine compliance or noncompliance with this chapter
available to the superintendent.

 
2.__Enforcement.__The superintendent may take action as
necessary or appropriate to enforce the provisions of this
chapter and the superintendent's rules and orders adopted
pursuant to this chapter and to protect service contract holders
in this State.

 
A.__If a provider has violated this chapter or the
superintendent's rules or orders, the superintendent may:

 
(1) Issue an order directed to that provider to cease
and desist from committing violations of this chapter
or the superintendent's rules or orders;

 
(2)__Issue an order prohibiting that provider from
selling or offering for sale service contracts in
violation of this chapter;

 
(3)__Issue an order imposing a civil penalty on that
provider; or

 
(4)__Issue any combination of orders, as applicable.

 
B. A person aggrieved by an order issued under this section
may request a hearing before the superintendent.__The
hearing request must be filed with the superintendent within
20 days of the date the superintendent's order is effective.

 
C.__If a hearing is requested, an order issued by the
superintendent under this section must be suspended from the
original effective date of the order until completion of the
hearing and final decision of the superintendent.

 
D.__At the hearing, the burden is on the superintendent to
show why the order issued pursuant to this section is
justified.__The provisions of the Maine Administrative
Procedure Act apply to a hearing requested under this
section.

 
3.__Civil action.__The superintendent may bring an action in
any court of competent jurisdiction for an injunction or other
appropriate relief to enjoin threatened or existing violations of
this chapter or of the superintendent's rules.__An action filed


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