| | |
| 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 |
|
|