Section 760IAC4-7-1. Enforcement  


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  •    (a) For purposes of this section, "permanently revoke" means that:

    (1) the navigator's certification or application organization's registration shall never be reinstated or reissued; and

    (2) the former navigator or application organization, after the permanent revocation, is not eligible to submit a navigator or application organization application to the department.

      (b) The commissioner has the authority to enforce the provisions of IC 27-19-4 and this article against any navigator or application organization under investigation for or charged with a violation of IC 27-19-4 or this article, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law.

      (c) If a navigator or application organization commits a violation of IC 27-19-4 or this article, the commissioner may take one (1) or a combination of the following actions against the navigator or application organization within a reasonable time, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law:

    (1) Reprimand the navigator or application organization.

    (2) Levy a civil penalty against the navigator or application organization.

    (3) Place the navigator's certification or application organization's registration on probation.

    (4) Suspend a navigator's certification or application organization's registration.

    (5) Revoke a navigator's certification or application organization's registration for a period of one (1) or more years.

    (6) Permanently revoke a navigator's certification or application organization's registration.

    (7) Issue a cease and desist order to a navigator or an application organization.

    (8) Refuse to issue or renew a navigator's certification or application organization's registration.

      (d) A civil penalty imposed against a navigator or application organization under subsection (c) shall be not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000) per violation. A civil penalty imposed may be enforced in the same manner as a civil judgment.

      (e) A navigator or application organization may appeal an action listed under subsection (c) pursuant to section 2 of this rule. (Department of Insurance; 760 IAC 4-7-1; filed Jun 10, 2016, 1:21 p.m.: 20160706-IR-760150033FRA)