56-55-111 - Examination of accounts, books, and records for compliance Costs and fees of examination Enforcement Violations Hearings Penalties. - Tennessee Statutes

56-55-111. Examination of accounts, books, and records for compliance Costs and fees of examination Enforcement Violations Hearings Penalties.

(a)  (1)  The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter, and to protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.

     (2)  Any person or entity examined shall pay any and all appropriate and reasonable costs incurred by the commissioner during the examination, including, but not limited to, the compensation of experts, actuaries, examiners, or other persons that may be contracted for by the commissioner or the commissioner's designated appointee for the purpose of assisting in the examination. The compensation shall be fixed at a reasonable amount, commensurate with usual compensation for like services, and shall be contracted for in accordance with applicable state contracting procedures, if applicable.

(b)  The commissioner may take action that is necessary or appropriate to enforce this chapter and the commissioner's rules and orders, and to protect warranty holders in this state. If a person or entity violates this chapter and the commissioner reasonably believes the violation threatens to cause irreparable loss or injury to the property or business of any person or company located in this state, the commissioner may:

     (1)  Issue an order directed to the warrantor to cease and desist from engaging in further acts, practices, or transactions that are causing the conduct;

     (2)  Issue an order prohibiting the warrantor from selling, or offering for sale, vehicle protection products in violation of this chapter;

     (3)  Issue an order imposing a civil penalty on the warrantor; or

     (4)  Issue any combination of subdivisions (b)(1)-(3), as applicable.

(c)  At any hearing under this chapter, the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply.

(d)  The commissioner may bring an action in any court of competent jurisdiction, for an injunction or other appropriate relief, to enjoin threatened or existing violations of this chapter, or of the commissioner's orders or rules. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, or orders or rules of the commissioner.

(e)  A person or entity that is found to have violated this chapter or orders or rules of the commissioner may be ordered to pay to the commissioner a civil penalty in an amount determined by the commissioner, not to exceed five thousand dollars ($5,000) per violation.

[Acts 2005, ch. 244, § 12.]