23 CAR § 121-107. Compliance mitigation — Penalties — Enforcement

(a)(1) An insurer is responsible for compliance with this part. (2) If a violation occurs, either because of the action or inaction of the insurer or its producer, the Insurance Commissioner may order: (A) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by: (i) The insurer; (ii) An entity contracted to perform the insurer's supervisory duties; or (iii) The producer; (B) A general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this part; and (C) Appropriate penalties and sanctions. (b) Any applicable penalty under the Trade Practices Act, Arkansas Code § 23-66-201 et seq., for a violation of this part may be reduced or eliminated if: (1) Corrective action for the consumer was taken promptly after a violation was discovered; or (2) The violation was not part of a pattern or practice. (c) The authority to enforce compliance with this part is vested exclusively with the commissioner.