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| 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. |
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| | 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. |
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| A.__If a provider has violated this chapter or the | superintendent's rules or orders, the superintendent may: |
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| (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; |
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| (2)__Issue an order prohibiting that provider from | selling or offering for sale service contracts in | violation of this chapter; |
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| (3)__Issue an order imposing a civil penalty on that | provider; or |
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| (4)__Issue any combination of orders, as applicable. |
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| 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. |
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| 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. |
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| 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. |
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| | 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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