| (3)__An anticompetitive or deceptive practice or one | that is otherwise injurious to the public interest. |
|
| 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. |
|
| 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; |
|
| | 2.__Bond forfeiture.__After notice and hearing, forfeiture of | that portion of the required bond as proportionately may make | aggrieved parties whole; |
|
| | 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; |
|
| | 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; |
|
| | 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 |
|
|