| | | (3)__An anticompetitive or deceptive practice or one | | that is otherwise injurious to the public interest. |
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| | | B.__Except as provided in paragraph C, prior to the issuance | | of any order to cease and desist in accordance with this | | subsection, the administrator shall provide notice to the | | payroll processor. This notice must contain a statement of | | the facts upon which the order is to be issued and the date | | upon which the order is to take effect.__Upon petition of | | any interested party, a hearing in conformity with Title 5, | | chapter 375 must be provided prior to the effective date of | | any order issued pursuant to this subsection, except as | | provided in paragraph C. |
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| | | C.__Whenever, in the opinion of the administrator, a | | violation or practice requires immediate action for the | | protection of the public or when the violation or practice | | or the continuation thereof is likely to cause insolvency or | | substantial dissipation of the assets or earnings of the | | payroll processor, the administrator may issue an order | | pursuant to this subsection which becomes effective upon | | service of that order, without prior notice or hearing.__If | | an order subsequently is issued by the administrator | | pursuant to paragraph A, the administrator shall afford an | | opportunity for a hearing to rescind the order and action | | taken promptly thereafter, upon application by an interested | | party; |
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| | | 2.__Bond forfeiture.__After notice and hearing, forfeiture of | | that portion of the required bond as proportionately may make | | aggrieved parties whole; |
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| | | 3.__Civil action by administrator.__A civil action seeking | | civil penalties, remedial action and injunctive relief by the | | administrator through the Attorney General, after which a court | | may assess a civil penalty of not less than $1,500 nor more than | | $7,500 per violation or order remedial or injunctive relief.__ | | When the violation consists of failure to maintain the surety | | bond required by section 1495-E, each day in which coverage is | | not provided constitutes a separate violation; |
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| | | 4.__Private civil action.__A civil action by an aggrieved | | employer in which that employer has the right to recover actual | | damages from the payroll processor in an amount determined by the | | court, plus costs of the action together with reasonable | | attorney's fees; |
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| | | 5.__Regulatory oversight.__Increased regulatory oversight by | | the administrator, including requiring reports or other | | information to be submitted at those times and in such forms as |
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