Code of the District of Columbia

§ 31–2351.10. Enforcement provisions.

(a) The Commissioner may conduct examinations of providers, administrators, insurers, or other persons to enforce the provisions of this chapter and protect service contract holders in the District. Upon request of the Commissioner, the provider shall make all accounts, books, and records concerning a service contract sold by the provider available to the Commissioner that the Commissioner considers necessary to enable the Commissioner to reasonably determine compliance or noncompliance with this chapter.

(b)(1) The Commissioner may take action that is necessary or appropriate to enforce the provisions of this chapter and regulations and orders issued pursuant to this chapter, and to protect service contract holders in the District.

(2) If a provider has violated this chapter or a regulation or order issued pursuant to this chapter, the Commissioner may issue an order, or any combination of the following, that:

(A) Orders the provider to cease and desist from committing the violation;

(B) Prohibits the provider from selling or offering for sale service contracts in violation of this chapter or a regulation or order issued pursuant to this chapter; or

(C) Imposes a civil penalty on the provider.

(c)(1) A person aggrieved by a Commissioner's order issued pursuant to this subsection may request a hearing before the Commissioner; provided, that the request for a hearing shall be filed with the Commissioner within 20 days after the effective date of the Commissioner's order.

(2) If a hearing is timely requested, the order at issue shall be suspended until completion of the hearing and a final decision of the Commissioner.

(3)(A) At the hearing, the burden shall be on the Commissioner to show why the order issued pursuant to this subsection is justified.

(B) The hearing shall be conducted according to the rules established in Subtitle A of Chapter 38 of Title 26 of the District of Columbia Municipal Rules (26 DCMR A3800 et seq.).

(d) The Commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief for a violation of this chapter or a regulation or order issued pursuant to this chapter. An action filed under this section may also seek restitution on behalf of a person aggrieved by a violation of this chapter or a regulation or order issued pursuant to this chapter.

(e)(1) A person who is found to have violated this chapter or a regulation or order issued pursuant to this chapter may be assessed a civil penalty in an amount determined by the Commissioner of not more than $500 per violation and no more than $10,000 in the aggregate for all violations of a similar nature.

(2) For purposes of this subsection, violations are of a similar nature if the violation consists of the same or similar course of conduct, action, or practice.


(Feb. 22, 2019, D.C. Law 22-216, § 11, 65 DCR 12963.)