1.    An insurer is responsible for compliance with this chapter. If a violation occurs, either because of the action or inaction of the insurer or the insurer’s producer, the commissioner may order:

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a.    An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this chapter by the insurer or by 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 chapter; and

c.    Appropriate penalties and sanctions.

2.    Any applicable penalty under section 26.1-01-03.3 for a violation of this chapter may be reduced or eliminated, according to a schedule adopted by the commissioner, if corrective action for the consumer was taken promptly after a violation was discovered.

3.    The authority to enforce compliance with this section is vested exclusively with the commissioner.