Rule 120-2-94-.08 - Compliance Mitigation; Penalties; Enforcement(1) An insurer is responsible for compliance with this regulation. If a violation occurs, either because of the action or inaction of the insurer or its producer, the commissioner may order:(a) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this regulation by the insurer, an entity contracted to perform the insurer's supervisory duties or by the producer;(b) A general agency, independent agency or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this regulation; and(c) Appropriate penalties and sanctions.(2) Any applicable penalty under O.C.G.A. Section 33-2-24 for a violation of this regulation may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.(3) The authority to enforce compliance with this regulation is vested exclusively with the commissioner.Ga. Comp. R. & Regs. R. 120-2-94-.08
O.C.G.A. § 33-2-9.
Original Rule entitled "Recordkeeping" adopted. F. Oct. 10, 2006; eff. Oct. 30, 2006.Repealed: New Rule entitled "Compliance Mitigation; Penalties" adopted. F. Aug. 7, 2015; eff. Aug. 27, 2015.Amended: New title, "Compliance Mitigation; Penalties; Enforcement." F. Feb. 1, 2023; eff. Feb. 1, 2023, as specified by the Agency.