(a) This section applies to any person who is subject to licensure or certification under any Article of this Chapter that is within the scope of the Commissioner's powers and duties.
(b) Whenever the Commissioner has reason to believe that any person has violated any of the provisions of this Chapter, and the violation subjects the license or certification of that person to suspension or revocation, the Commissioner may, after notice and opportunity for a hearing, proceed under the appropriate subsections of this section.
(c) If, under subsection (b) of this section, the Commissioner finds a violation of this Chapter, the Commissioner may, in addition to or instead of suspending or revoking the license or certification, order the payment of a monetary penalty as provided in subsection (d) of this section or petition the Superior Court of Wake County for an order directing payment of restitution as provided in subsection (e) of this section, or both. Each day during which a violation occurs constitutes a separate violation.
(d) If the Commissioner orders the payment of a monetary penalty pursuant to subsection (c) of this section, the penalty shall not be less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the amount of money that inured to the benefit of the violator as a result of the violation, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Payment of the civil penalty under this section shall be in addition to payment of any other penalty for a violation of the criminal laws of this State.
(e) Upon petition of the Commissioner the court may order the person who committed a violation specified in subsection (c) of this section to make restitution in an amount that would make whole any person harmed by the violation. The petition may be made at any time and also in any appeal of the Commissioner's order.
(f) Restitution to any State agency for extraordinary administrative expenses incurred in the investigation and hearing of the violation may also be ordered by the court in such amount that would reimburse the agency for the expenses.
(g) Nothing in this section prevents the Commissioner from negotiating a mutually acceptable agreement with any person as to the status of the person's license or certificate or as to any civil penalty or restitution.
(h) Unless otherwise specifically provided for, all administrative proceedings under this Chapter are governed by Chapter 150B of the General Statutes. Appeals of the Commissioner's orders under this section shall be governed by G.S. 58-2-75. (1985, c. 666, s. 35; 1987, c. 752, ss. 3-5; c. 864, s. 1; 1989, c. 485, s. 46; 1998-211, s. 15; 1998-215, s. 83(a); 2023-151, s. 11.6.)
Notes of Decisions
Sykes v. Health Network Solutions, Inc., 828 S.E.2d 467 (N.C. 2019).
· cites it 9× “Section 58-2-70, in turn, provides that “[w]henever the Commissioner has reason to believe that any person has violated any of the provisions of this Chapter, .”
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 496 S.E.2d 369 (N.C. 1998).
· cites it 9× “N.C.G.S. § 58-2-70(c). If the Commissioner determines there was fraud in the application, he may petition the Superior Court, Wake County, for an order for restitution to any injured party.”
Richardson v. Bank of Am., N.A., 643 S.E.2d 410 (N.C. Ct. App. 2007).
· cites it 5× “Based upon the undisputed facts, we hold the trial court did not err by determining that, by virtue of the sale of unapproved SPCI, Defendants committed a UDTP. Defendants also argue the sale of SPCI on an unapproved form is a regulatory matter and does not constitute a UDTP.”
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).
· cites it 18× “The above cited sections illustrate that by enacting N.C.G.S. § 58-2-70, the legislature granted the Commissioner the power to ensure that the various provisions of Chapter 58 were followed, and the ability to institute proceedings to recover any money lost by the victims of…”
Cobb v. Pennsylvania Life Ins., 715 S.E.2d 541 (N.C. Ct. App. 2011).
· cites it 4× “§ 58-2-70 (2009) (granting the Commissioner the power to suspend or revoke the license of any person found to be in violation of Chapter 58 of our General Statutes if that person is subject to licensure or certification under the Chapter, or require the payment of a civil…”
Defeat the Beat, Inc. v. Underwriters at Lloyd's London, 669 S.E.2d 48 (N.C. Ct. App. 2008).
· cites it 5× “N.C. Gen. Stat. § 58-2-70 . Moreover, plaintiff has not cited any precedent holding that a violation of the Surplus Lines Act of Article 21 is a per se unfair and deceptive act or practice under N.”
Home Indem. Co. v. Hoechst Celanese Corp., 494 S.E.2d 768 (N.C. Ct. App. 1998).
· cites it 2× “In fact, the General Assembly specifically provided for penalties for violations of Chapter 58 in G.S. 58-2-70 and G.S. 58-3-100. G.S. 58-3-100 grants the Commissioner the power to revoke, suspend, or refuse to renew the license of any insurer.”
Home Indem. Co. v. Hoechst Celanese Corp., 494 S.E.2d 768 (N.C. Ct. App. 1998).
· cites it 2× “However, despite Lloyds' failure to get form approval of the absolute pollution exclusions, their failure to get approval does not result in the exclusions being void.”
Sykes v. Health Network Sols., Inc., 2017 NCBC 72 (N.C. Bus. Ct. 2017).
· cites it 2× “For instance, section 58-50-61 explicitly states that a violation of that section subjects an insurer licensed or certified under chapter 58 to action by the Insurance Commissioner under section 58-2-70. N.C. Gen. Stat. § 58-50-61 (o).”
Pack Bros. Paint & Body Shop v. Nationwide Mut. Ins. Co., 2003 NCBC 1 (N.C. Bus. Ct. 2003).
“(c) (Effective until July 1, 2002) Any person who violates this section is subject to the applicable provisions of G.S. 58-2-70 and G.S. 58-33-45, provided that the maximum civil penalty that can be assessed under G.”
N.C. Gen. Stat. § 58-2-70(b): 3 cases
Sykes v. Health Network Solutions, Inc., 828 S.E.2d 467 (N.C. 2019).
“Section 58-2-70, in turn, provides that “[w]henever the Commissioner has reason to believe that any person has violated any of the provisions of this Chapter, .”
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).
“The above cited sections illustrate that by enacting N.C.G.S. § 58-2-70, the legislature granted the Commissioner the power to ensure that the various provisions of Chapter 58 were followed, and the ability to institute proceedings to recover any money lost by the victims of…”
N.C. Gen. Stat. § 58-2-70(c): 3 cases
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 496 S.E.2d 369 (N.C. 1998).
“N.C.G.S. § 58-2-70(c). If the Commissioner determines there was fraud in the application, he may petition the Superior Court, Wake County, for an order for restitution to any injured party.”
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).
“The above cited sections illustrate that by enacting N.C.G.S. § 58-2-70, the legislature granted the Commissioner the power to ensure that the various provisions of Chapter 58 were followed, and the ability to institute proceedings to recover any money lost by the victims of…”
N.C. Gen. Stat. § 58-2-70(d): 1 case
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).
“The above cited sections illustrate that by enacting N.C.G.S. § 58-2-70, the legislature granted the Commissioner the power to ensure that the various provisions of Chapter 58 were followed, and the ability to institute proceedings to recover any money lost by the victims of…”
N.C. Gen. Stat. § 58-2-70(e): 2 cases
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 496 S.E.2d 369 (N.C. 1998).
“N.C.G.S. § 58-2-70(c). If the Commissioner determines there was fraud in the application, he may petition the Superior Court, Wake County, for an order for restitution to any injured party.”
N.C. Gen. Stat. § 58-2-70(g): 2 cases
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 496 S.E.2d 369 (N.C. 1998).
“N.C.G.S. § 58-2-70(c). If the Commissioner determines there was fraud in the application, he may petition the Superior Court, Wake County, for an order for restitution to any injured party.”
N.C. Steel, Inc. v. Nat'l Council on Comp. Ins., 472 S.E.2d 578 (N.C. Ct. App. 1996).
“The above cited sections illustrate that by enacting N.C.G.S. § 58-2-70, the legislature granted the Commissioner the power to ensure that the various provisions of Chapter 58 were followed, and the ability to institute proceedings to recover any money lost by the victims of…”
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