California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 3 - Insurers
Article 19 - Regulations for Enforcement Actions and Penalties
Section 2591.2
The Department shall examine the violations committed by the insurer. The Department shall take into consideration the criteria listed in Section 2591.3 and any other relevant considerations to determine if the seriousness of the insurer's act warrants an enforcement action. If after a review of those criteria the Department determines that an enforcement action is warranted, the Department shall take into consideration the criteria listed in Section 2591.3 and any other relevant considerations to determine an appropriate penalty for each act in violation of the law from within the applicable statutory penalty range or ranges. In addition to the actual penalty amount, the Department may also recover its costs associated with the enforcement action, including but not limited to attorneys' fees.
1. New section filed 12-15-2003; operative 1-14-2004 (Register 2003, No. 51).
Note: Authority cited: Sections 790.10 and 12921.1, Insurance Code; CalFarm Insurance Company v. Deukmejian, 48 Cal.3d 805 (1989); and 20th Century Insurance Company v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 704.7, 769.86, 789.3, 790.035, 790.036, 790.07, 790.10, 1858.07, 1858.1, 1858.3, 1859.1, 1861.14, 10140.1, 10140.5, 10149.1, 10199.7, 10234.3, 10509.9, 11756, 12414.25, 12921 and 12921.1, Insurance Code.