§ 753. Enforcement; administrative penalties
(a) The Commissioner of Motor Vehicles may impose an administrative penalty pursuant to this section if a company violates a provision of this chapter.
(b) A violation may be subject to an administrative penalty of not more than $500.00. Each violation is a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense.
(c) The company shall be given notice and opportunity for a hearing for alleged violations under this section. Service of the notice shall be sufficient if sent by first class mail to the applicable address on file with the Secretary of State. The notice shall include the following:
(1) a factual description of the alleged violation;
(2) a reference to the particular statute allegedly violated;
(3) the amount of the proposed administrative penalty; and
(4) a warning that the company will be deemed to have waived its right to a hearing and that the penalty will be imposed if no hearing is requested within 15 days from the date of the notice.
(d) A company that receives notice under subsection (c) of this section shall be deemed to have waived the right to a hearing unless, within 15 days from the date of the notice, the company requests a hearing in writing. If the company waives the right to a hearing, the Commissioner shall issue a final order finding the company in default and imposing the penalty.
(e) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.
(f) The Commissioner may collect an unpaid administrative penalty by filing a civil action in Superior Court or through any other means available to State agencies.
(g) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for violation of this chapter. (Added 2018, No. 3 (Sp. Sess.), § 2.)
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