<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="25-308" title_number="25" title_name="Alternative Market Mechanisms" subtitle_number="3" subtitle_name="Group Self-Insurance for Workers' Compensation">
  <level label="a">
    <level label="1">
      <text>After notice and opportunity for a hearing, the Commissioner may impose a monetary penalty on a person or self–insurance group that the Commissioner finds to be in violation of this subtitle or a regulation adopted under this subtitle.</text>
    </level>
    <level label="2">
      <text>A monetary penalty imposed under this subsection may not exceed $1,000 for each violation or $10,000 in the aggregate.</text>
    </level>
    <level label="3">
      <text>A person or self–insurance group that is assessed a monetary penalty under this subsection shall pay the penalty to the Commissioner for the use of the State.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>After written notice and opportunity for a hearing, the Commissioner may issue an order that requires a person or self–insurance group to cease and desist from engaging in an act or practice that the Commissioner finds to be in violation of this subtitle or a regulation adopted under this subtitle.</text>
    </level>
    <level label="2">
      <text>If the Commissioner finds, after notice and opportunity for a hearing, that a person or self–insurance group has violated an order issued under this subsection, the Commissioner may:</text>
      <level label="i">
        <text>impose a monetary penalty of not more than $10,000 for each violation of the order or $100,000 in the aggregate; and</text>
      </level>
      <level label="ii">
        <text>suspend or revoke the authority of the self–insurance group to operate.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding any other provision of this subtitle, after notice and opportunity for a hearing, the Commissioner may suspend or revoke the authority of a self–insurance group to operate if the Commissioner determines that the self–insurance group:</text>
    <level label="1">
      <text>is insolvent;</text>
    </level>
    <level label="2">
      <text>failed to pay the special fund contribution or regulatory fee imposed on the self–insurance group;</text>
    </level>
    <level label="3">
      <text>failed to comply within the time set with a provision of this subtitle, a regulation adopted under this subtitle, or a lawful order of the Commissioner;</text>
    </level>
    <level label="4">
      <text>obtained its authority to operate by fraud, including making a material misrepresentation in the application for authority to operate as a self–insurance group;</text>
    </level>
    <level label="5">
      <text>misappropriated, converted, illegally withheld, or refused to pay on proper demand money that has been entrusted to the self–insurance group or its administrator in its fiduciary capacity and that belongs to a member of the self–insurance group, an employee of a member, or a person entitled to payment; or</text>
    </level>
    <level label="6">
      <text>for any other reason, must have its authority to operate suspended or revoked to protect the members or insureds of a self–insurance group or the public.</text>
    </level>
  </level>
</section>
