The Commissioner of Insurance finds that a producer willfully violated a provision of Chapter 58, and that the violation continued over a number of days. Under the general civil penalty provision, what may the Commissioner order and how is a continuing violation counted?

Why A is correct

Under G.S. 58-2-70(d), the Commissioner may order a civil penalty of $100 to $1,000 per violation of Chapter 58, in addition to or instead of suspension or revocation, and each day of a continuing violation constitutes a separate violation. Restitution may also be pursued through Wake County Superior Court.

Why the other options are wrong

• B) The $1,000-to-$5,000 range applies to willful violation of a cease-and-desist order, and continuing conduct is still counted day by day.
• C) The $2,000-to-$10,000 fine is imposed by a court on an entity for willful false statements, not by the Commissioner under the civil penalty provision.
• D) Counting a continuing violation as a single violation contradicts the statute, which makes each day a separate violation.

Memory hook

Civil penalty 100 to 1,000 - and every day is a fresh violation.