An Act To Clarify the Superintendent of Insurance's Authority To Assess Civil Penalties
Maine Legislature, Session 122, LD 0409
Committee: Insurance and Financial Services
Sponsors: MILLS, PERRY, SULLIVAN, CANAVAN, VAUGHAN

Legislative Document 
No. 409 
S.P. 133 
In Senate, January 25,2005 
An Act To Clarify the Superintendent of Insurance's Authority To 
Assess Civil Penalties 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator MILLS of Somerset. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: PERRY of Penobscot, SULLIVAN of York, Representatives: 
CANAVAN of Waterville, VAUGHAN of Durham, WOODBURY ofYannouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRS A §12-A, sub-§I. as amended by PL 
2001, c. 
165, Pt. B, §l, is further amended to read: 
1. 
Civil penalty. 
Civil penalties may be assessed against 
any person who: 
A. 
Violates any provision of this Title, Title 24 or any 
other law enforced by the superintendent; 
B. 
Violates 
any 
rule 
lawfully 
adopted 
by 
the 
superintendent: or 
C. 
Violates any lawful order of the superintendent that has 
not 
been stayed 
by 
order 
of 
the 
superintendent or 
the 
Superior Court. 
The 
Superior Court, 
upon 
an 
action brought 
by 
the 
Attorney 
General, may assess a civil penalty of not less than $500 and not 
more than $5,000 for each violation in the case of an individual 
and not less than $2, 000 
and not more than $15,000 for each 
violation in the case of a corporation or other entity other than 
an individual, unless the applicable law specifies a different 
civil penalty. 
The superintendent, following an adjudicatory hearing, may assess 
a civil penalty of up to $500 for each violation in the case of 
an individual and a civil penalty of up to $10,000 for each 
violation in the case of a corporation or other entity other than 
an individual, unless the applicable law specifies a different 
2 
civil . penal ty. 
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~er-saeR-aH-ae~ieHT The superintendent shall notify the Attorn~ 
General 
or 
the 
Attorney 
General' s 
designee 
of 
any 
such 
adjudicatory hearing at the time that the notice of hearing is 
issued by the superintendent. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 24-A, 
section l2-A to delete the provision requiring the Superintendent 
of Insurance to give the Attorney General 90 days to elect to 
pursue 
a 
disciplinary 
action 
in 
Superior 
Court 
before 
the 
superintendent can proceed with an administrative action in the 
matter. 
Page l-LR0445(1) 
The bill adds language requiring the superintendent to give 
the Attorney General or the Attorney General's designee notice of 
any adjudicatory hearing scheduled in which civil penalties may 
be assessed.