[§431:2D-110]  Fines and penalties.  (a)  Fines and penalties levied pursuant to this article or other provisions of this chapter shall be consistent, reasonable, and justified.

     (b)  The commissioner shall take into consideration actions taken by insurers that maintain membership in best-practice organizations that exist to promote high ethical standards of conduct in the marketplace, and insurers that self-assess, self-report, and remediate problems detected to mitigate fines levied pursuant to this article. [L 2007, c 227, pt of §1]