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California Insurance Code Section 790.07

Legal Research Home > California Laws > Insurance Code > California Insurance Code Section 790.07

790.07.  Whenever the commissioner shall have reason to believe that
any person has violated a cease and desist order issued pursuant to
Section 790.05 or a court order issued pursuant to Section 790.06,
after the order has become final, and while the order is still in
effect, the commissioner may, after a hearing at which it is
determined that the violation was committed, order that person to
forfeit and pay to the State of California a sum not to exceed five
thousand dollars ($5,000) plus any penalty due under Section 790.05,
which may be recovered in a civil action, except that, if the
violation is found to be willful, the amount of the penalty may be a
sum not to exceed fifty-five thousand dollars ($55,000) plus the
penalty due under Section 790.05.
   For the purposes of this section, the failure to pay any penalty
imposed pursuant to Section 790.035 which has become final shall
constitute a violation of the cease and desist order.
   For any subsequent violation of the cease and desist order or of
the court order or the order to pay the penalty, while the order is
still in effect, the commissioner may, after hearing, suspend or
revoke the license or certificate of that person for a period not
exceeding one year; provided, however, no proceeding shall be based
upon the subsequent violation unless the same was committed or
continued after the date on which the order imposing the penalty
pursuant to the preceding paragraph became final.
   The hearings provided by this section shall be conducted in
accordance with the Administrative Procedure Act, except that the
hearings may be conducted by an administrative law judge in the
administrative law bureau when the proceedings involve a common
question of law or fact with another proceeding arising under other
Insurance Code sections that may be conducted by administrative law
bureau administrative law judges. The commissioner and the appointed
administrative law judge shall have all the powers granted under the
Administrative Procedure Act.
   The person shall be entitled to have the proceedings and the order
of the commissioner therein reviewed by means of any remedy provided
by Section 12940 or by the Administrative Procedure Act.

Last modified: February 22, 2013