§ 2404. Power of superintendent. The superintendent is empowered to
examine and investigate into the affairs of any person in order to
determine whether the person has violated or is violating section two
thousand four hundred three of this article. In the event any person
does not provide a good faith response to a request for information from
the superintendent, within a time period specified by the superintendent
of not less than fifteen business days, as part of an examination or
investigation initiated by the superintendent pursuant to this section
relating to accident insurance, health insurance, accident and health
insurance or health maintenance organization coverage, the
superintendent is authorized, after notice and hearing, to levy a civil
penalty against such person in an amount not to exceed five hundred
dollars per day for each day beyond the date specified by the
superintendent for response, but in no event shall such penalty exceed
ten thousand dollars. In the event the superintendent levies five
separate civil penalties against any one person within five years for
failure to comply with this section, the superintendent is authorized,
after notice and hearing, to levy an additional civil penalty against
such person in an amount not to exceed fifty thousand dollars. The
superintendent is also authorized to levy additional civil penalties not
to exceed fifty thousand dollars, after notice and hearing, against such
person for every five subsequent violations of this section within a
five year period. Any person licensed pursuant to article twenty-one of
this chapter may surrender such license in lieu of payment of any civil
penalty imposed by the superintendent pursuant to this section.