Title 34, Chapter 9, Section 181
( 34-9-181)
(a) The Commissioner may, after a hearing, impose upon a fund an
administrative fine if he finds that the fund, through the acts of
its officers, employees, agents, or representatives, has with such
frequency as to indicate its general business practice within this
state: (1) Refused, without just cause, to pay proper claims arising
under workers' compensation coverage provided by the fund; or (2) Compelled, without just cause, employee claimants of members
or other persons entitled to the proceeds of the workers'
compensation coverage provided by the fund to accept less than the
amount due them or to bring an action against the fund to secure
full payment or settlement thereof. (b) The administrative fine imposed for violations set forth in
subsection (a) of this Code section shall not exceed $1,000.00 for
each act of misconduct constituting a violation of this Code
section; provided, however, that a fine of not more than $5,000.00
may be imposed for each act of willful misconduct constituting a
violation of this Code section. (c) In addition to all other penalties provided for under this
article, the Commissioner shall have the authority to place any fund
on probation for a period of time not to exceed one year for each
and every act or violation of this article or of the rules and
regulations or orders of the Commissioner issued pursuant hereto and
may subject such fund to a monetary penalty of up to $1,000.00 for
each and every act in violation of this article or of the rules,
regulations, or orders of the Commissioner issued pursuant hereto.
If the fund or its administrator knew or reasonably should have
known that the fund was in violation of this article or of the rules
and regulations or orders of the Commissioner, the monetary penalty
provided for in this Code section may be increased to an amount up
to $5,000.00 for each and every act or violation. |