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Texas Insurance Code - Not Codified - Article 4.62. Administrative Penalty

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Art. 4.62. ADMINISTRATIVE PENALTY. (a) The comptroller may impose an administrative penalty on a certified capital company that violates this subchapter. (b) The amount of the penalty may not exceed $25,000, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. The amount of the penalty shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the economic harm caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; (5) efforts to correct the violation; and (6) any other matter that justice may require. (c) Certified capital companies assessed penalties under this subchapter may request a redetermination as provided in Chapter 111, Tax Code. (d) The attorney general may sue to collect the penalty. (e) A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. 437, Sec. 1, eff. May 28, 2001.

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Last modified: August 11, 2007