Authority: IC 27-19-1-4; IC 27-19-4-1; IC 27-19-4-3

Affected: IC 27-19-1-4; IC 27-19-4-1; IC 27-19-4-3

Sec. 1. (a) For purposes of this section, "permanently revoke" means that:

1. (1) the navigator's certification or application organization's registration shall never be reinstated or reissued; and
2. (2) the former navigator or application organization, after the permanent revocation, is not eligible to submit a navigator or application organization application to the department.

(b) The commissioner has the authority to enforce the provisions of IC 27-19-4 and this article against any navigator or application organization under investigation for or charged with a violation of IC 27-19-4 or this article, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law.

(c) If a navigator or application organization commits a violation of IC 27-19-4 or this article, the commissioner may take one (1) or a combination of the following actions against the navigator or application organization within a reasonable time, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law:

1. (1) Reprimand the navigator or application organization.
2. (2) Levy a civil penalty against the navigator or application organization.
3. (3) Place the navigator's certification or application organization's registration on probation.
4. (4) Suspend a navigator's certification or application organization's registration.
5. (5) Revoke a navigator's certification or application organization's registration for a period of one (1) or more years.
6. (6) Permanently revoke a navigator's certification or application organization's registration.
7. (7) Issue a cease and desist order to a navigator or an application organization.
8. (8) Refuse to issue or renew a navigator's certification or application organization's registration.

(d) A civil penalty imposed against a navigator or application organization under subsection (c) shall be not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000) per violation. A civil penalty imposed may be enforced in the same manner as a civil judgment.

(e) A navigator or application organization may appeal an action listed under subsection (c) pursuant to section 2 of this rule.

(Department of Insurance; 760 IAC 4-7-1; filed Jun 10, 2016, 1:21 p.m.: 20160706-IR-760150033FRA; readopted filed Nov 30, 2022, 11:39 a.m.: 20221228-IR-760220302RFA)