{"kind":"expression","expression":{"expr_id":"419","doc_id":"419","label":"SL 73 of 2014","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2014\/73\", \"expression\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01.pdf\"}, \"pdf\": {\"md5\": \"995c95f552c0dc582cf1e5796180b015\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.pdf\", \"pages\": 9, \"filename\": \"2014-0073_SL 73 of 2014.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2875, \"paragraph_count\": 4, \"text_char_count\": 21143}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Extraordinary No.58\/2014 15                                                    Friday, 8 August 2014 GOVERNMENT Departmental Notice CODE OF PRACTICE ADMINISTRATIVE FINES FOR HEALTH INSURANCE OFFENCES PURPOSE The purpose of this document is to illustrate how the Department of Health Regulatory Services - Health Insurance Commission will apply the Administrative Fines.  It will also serve to instruct the Superintendent of Health Insurance (SHI) on how to dispense administrative fines in a fair, consistent and efficient manner for the purpose of reducing the length of time it takes to dispose of health insurance offences in the court system. BASIS\/LAW Section 24 of the Health Insurance Law (2013 Revision) \u201cAdministrative Fines\u201d:-The Superintendent may \u2013 (a) subject to such conditions as he thinks fit, stay or compound any proceeding for an offence under section 5, 11, 14, 15 or 15A (irrespective of when the offence was committed); and (b) subject to a right of appeal to a court of summary jurisdiction, impose a fine of one thousand dollars, and in the case of a continuing offence to a fine of one hundred dollars for each day or part of a day during which the offence continues; and the fines collected by the Superintendent under this section shall be paid into the revenue of the Islands.\u201d POLICY The administrative procedure should be used sparingly and should not be used in cases where the accused is a serial offender or in cases in which the Public Interest in the prosecution of serious crimes requires that the matter be dealt with by the Court.  Each case must be assessed on its own particular circumstances. Administrative Penalties should only be imposed in cases where the accused have admitted to the offence (the admission recorded in writing in the presence of an accompanying Health Insurance Inspector) and where the accused has indicated in writing that he wishes to utilize this procedure, and the SHI considers that the particular case would be an appropriate use of this procedure. Under the Health Insurance Law (2013 Revision), offences relating to the following sections of the Law may attract an administrative penalty and fine:- \uf0b7 Section 5- Compulsory health insurance \uf0b7 Section 11- Duty of employer to provide information to employee \uf0b7 Section 14 \u2013 Reporting to the Commission \uf0b7 Section 15 \u2013 Termination of contract \uf0b7 Section 15A - Prohibition against reduction of level of benefits. SPECIFIED STEPS For the purposes of this Code of Practice, when operating the Administrative Fines system, the specified steps to be taken by the Superintendent of Health Insurance and Health Insurance Inspectors are as follows:- Extraordinary No.58\/2014 16                                                Friday, 8 August 2014 Health Insurance Inspector (HII)\/Investigating Officer a.         The HII will notify the accused in writing, stating the nature of the alleged contravention of the Health Insurance Law. The accused shall be given a maximum of 21 calendar days to reply to the notice. b. If there is no reply, the HII will notify the accused by way of a second letter, with delivery by way of registered mail or by hand. This notice shall state the nature of the alleged contravention; remind the accused of his failure to respond to the first notification and the need to provide an immediate response. c.          The accused, notified by the HII of the alleged contravention may, within 10 calendar days of the date of the 2nd notice, provide to the Commission a written response in respect of any such contravention, and shall also provide any other documentation which the person wishes the Commission to consider in making any determination in relation to any alleged contravention. d.        Where a person makes no submission in respect of the alleged contravention, within the time permitted, then the person shall be considered by the Commission to have admitted his guilt in relation to the alleged contravention and the matter will proceed to Court. e.          The HII will conduct investigation(s) by gathering any additional evidence, collecting witness statements from all civilian witnesses, and statements from other officers which are essential in proof of the case. At any stage during the investigation, the accused may in writing request that the matter be dealt with administratively. The Commission may then consider the accused\u2019s request. f.          Where the Commission intends to proceed administratively, the accused must be informed of the Commission\u2019s intention, and must be provided with documents, if any, in support of the alleged contravention. g.         On the instructions of the SHI, the HII will thereafter complete the Administrative Fine(s) Agreement (Form 1).  The accused must be given a copy of Form 1, and must evidence his agreement to the terms thereof by signing the relevant section.  Having done so, the accused will be afforded an opportunity to make any written representation(s).  The written representation(s) must be received within three working days of the signing of the said form. h.         The SHI will return to the HII, the case file together with the Administrative Fine(s) Decision (Form 2) containing the amount of Administrative Fine to be charged. i.          The HII prepares the Administrative Fine Ticket (Form 3) and arranges for the accused to be served with the said ticket.  If the accused is a company, the ticket shall be served on the manager, owner or a director of the company. j. If the accused indicates disagreement with the facts of the case, or if he does not sign off on the relevant section of the Administrative Fine(s) agreement (Form 1), or if he refuses to pay the Administrative Fine, the HII will upon the expiration of the permitted period, forward the case file together with Form 1 and any written representation to the SHI. The case will then proceed to Court. Extraordinary No.58\/2014 17                                                Friday, 8 August 2014 Procedure for Administrative Fines Hearing a.       Where the Commission has decided to hold a hearing it shall hold such hearing at a time mutually agreed by the accused, in accordance with such procedure as it may determine. b.         Where the person or his representative is present, the person or his representative shall be given an opportunity to address the Commission. c.      Representatives appearing on behalf of a person are not required to be persons having legal qualifications. d.      After any hearing, the Commission shall set out its findings in writing and shall make a determination (Administrative Penalty) in regard to any suspected failure to comply or contravention, and where the Commission determines that a person has failed to comply with or contravened a prescribed requirement, the Commission may consider the nature, circumstances and any actual or potential consequences of each and any such failure to comply or contravention by the person as well as any prior determinations in respect of that person by the Commission, and may issue a warning or impose a fine of one thousand dollars, and in the case of a continuing offence to a fine of one hundred dollars for each day or part of a day during which the offence continues, in respect of each such failure to comply or contravention. e.         The Commission shall, in writing, notify any such person of its findings and determinations and any fine or warning, within a reasonable time not exceeding ninety days after its determination. f.          An appeal against a determination of the Commission made under item (d) shall be made to a court of summary jurisdiction. g.         Where no appeal against a determination of the Commission has been made under item (d) or where such an appeal has been unsuccessful, the fine imposed by the Commission shall be paid in full by the person fined. Action by the Superintendent of Health Insurance (SHI) a. Review the case file together with Form 1 and other supporting documents. b. Determine that (i) a substantially complete investigation has been conducted, (ii) that the accused has requested that the matter be dealt with administratively, (iii) the offence falls within section 24 of the Health Insurance Law (2013 Revision),  and (iv) that the conditions of payment of an Administrative Penalty have been accepted. c. Refer to Appendix 1 to determine the amount of the Administrative Fine.  Complete Form 2. Sign and return the file together with Form 2 to the HII. d. The HII will thereafter fill out an Administrative Fine(s) Ticket (in triplicate).  The accused party will sign his\/her name; signifying agreement with the levy assessed, and is given a copy.  The original will be retained along with the other copy inside the issuing book, which will be kept by the Financial Accountant (FA). e. The offender will thereafter be required to pay the assessed fine immediately, except in extenuating circumstances and upon the discretion of the SHI, the fine can be paid within 14 calendar days, Extraordinary No.58\/2014 18                                                Friday, 8 August 2014 inclusive of the date when the Administrative Fine(s) Ticket was issued at the time and place specified (i.e. Treasury Counter at the Government Administration Building, 10.00 am to 2.00 pm Monday to Friday). f. The HII and the FA will monitor the process to determine and ensure compliance with the payment of the assessed fine by the due date. g. In the event of a failure by the offending party, to pay the assessed sum, within the time specified, the FA will remove the original copy from the booklet, and pass it to the HII, who will prepare a case file in the usual manner for the prosecution of the offending party in the Summary Court.  The Summary of Facts must include the accused\u2019s failure\/refusal to pay the assessed administrative fine. How\/Where Should The Administrative Fine Be Paid a. The levy assessed should be paid at the Cayman Islands Government Treasury Department, First Floor, Government Administration Building, 10.00am \u2013 2.00 pm, Monday to Friday.  The sum to be paid to the Cayman Islands Government must be paid in cash or cheque, for which a receipt will be issued.  A copy of the receipt must be provided to the investigating HII, for inclusion in the relevant file. b.     The FA will create a system for recording the particulars of the administrative fines, including the date of the assessment, the sum assessed, the date of payment and the number of the government receipt. He\/She will also produce reports on a quarterly basis, including the offences, and the total sum paid into government\u2019s revenues by the offenders. Right of Accused to Appeal Upon being informed of the decision by the SHI to require payment of an assessed sum, and if the accused remains dissatisfied with the decision taken by the Commission, the accused should then be informed of his right to have the offence adjudicated in Summary Court. No further negotiation or discussion shall be held with him with regard to the matter. Action after an Administrative Fine has been paid A case file will be prepared and maintained by the HII who will ensure that the following actions are taken: a. A file note containing details of the offence(s) and the payment of the Administrative Fine(s) will be added to the file. b. A report containing details of the offence and the payment of the Administrative Fine(s) is sent to the SHI for the attention of the Health Insurance Commission Board. c.         Serial offenders will be identified and reported to the SHI. Extraordinary No.58\/2014 19                                                Friday, 8 August 2014 Form 1 ADMINISTRATIVE FINE(S) AGREEMENT Health Insurance Law (2013 Revision) Section 24 entitled Administrative fines: \u201cThe Superintendent may \u2013 (a) subject to conditions as he thinks fit, stay or compound any proceeding for an offence under section 5, 11, 14, 15 or 15A (irrespective of when the offence was committed); and (b) subject to a right of appeal to a court of summary jurisdiction, impose a fine of one thousand dollars, and in the case of a continuing offence to a fine of one hundred dollars for each day or part of a day during which the offence continues; and the fines collected by the Superintendent under this section shall be paid into the revenue of the Islands\u201d Note: Notwithstanding that an administrative penalty has been paid, the Department of Health Regulatory Services, Health Insurance Commission reserves the right to exercise any other provision of the Health Insurance Law (2013 Revision) in respect of the accused. Forename(s) of Accused: _________________________ Surname(s): ___________________________________ Date of Birth: ____________________________ HII\/Investigating Officer: ___________________ Do you require a lawyer at this time? \uf0a3 Yes\uf0a3 No If yes, please provide the name of nominated lawyer: ___________________________________________ \u201cI, _______________________________________________________ wish to make a statement. I want someone to write down what I say.  I have been told that I need not say anything, but it may harm my defense if I do not mention something which I later rely on in Court.  Anything I say or do may be given in evidence\u201d Signature of Accused:___________________________ Date:________________________ Accused has been shown the relevant documents: Signature of HII: __________________________________          Date: ___________________________ Accused has admitted to the offence(s) of:- a. _____________________________________________ pursuant to section  ________ of the Health Insurance Law (2013 Revision) b. ____________________________________ pursuant to section ______________________ of the Health Insurance Law (2013 Revision) Extraordinary No.58\/2014 20                                                Friday, 8 August 2014 Accused has previously committed offences under the Health Insurance Law: \uf0a3 Yes \uf0a3 No. If yes, please provide details (including the date of the offence): Forename(s) of Accused: _________________________ Surname(s):  ___________________________________ Date of Birth: _____________________________ HII\/Investigating Officer: ___________________ \u201cI, ________________________________________________________ admit to the offence(s) listed on Form 1, and agree to pay an administrative penalty of CI$_____________ as provided for under the Health Insurance Law (2013 Revision).   I further understand that alternatively, I can elect for my case to be taken to Court\u201d Signature of Accused: ___________________________________        Date: _________________________ \u201cIn my defense, please consider the following mitigating factors or those expressed in the letter attached when assessing the penalty to be levied.\u201d ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ \u201cI have read the above statement and I have been told that I can correct, alter or add anything I wish.  This statement is true.  I have made it on my own free will and there is nothing I wish to alter, add or remove.\u201d Signature of Accused: __________________________________                Date: ______________________ Extraordinary No.58\/2014 21                                                Friday, 8 August 2014 Form 2 ADMINISTRATIVE FINE(S) DECISION To be completed by the Superintendent of Health Insurance. Name of Accused:_____________________________ Date of Birth:________________________________ Accused has admitted to the offence(s) of:- a. _____________________________________________ pursuant to ________ of the Health Insurance Law (2013 Revision) b. _____________________________________________ pursuant to ________ of the Health Insurance Law (2013 Revision) The amount of Administrative Fine (in words): ________________________________________________________________________________________ _______________________________________________________________________________________ Amount: CI$______________________________ Before issuing the Administrative Fine, the following was taken into consideration: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ __________________________________ Date: _________________________ Superintendent of Health Insurance Extraordinary No.58\/2014 22                                                Friday, 8 August 2014 Form 3 HEALTH INSURANCE LAW (2013 REVISION) SECTION 24 THE ADMINISTRATIVE FINE(S) TICKET File # ______________ Payment Instructions: Payment must be made in person or by representative in CI$ Currency. Tick ONE only \uf0a3 Ticket served upon violator (PERSONALLY) \uf0a3 Violator appeared in person before HII\/SHI Name: ________________________________________________________________________________________ DOB: ______________________ P.O. Box ______________________ Postal Code: __________________ Phone: (w)_______________________ (h)________________________(c) __________________________ Brief Summary of Offence ________________________________________________________________ ________________________________________________________________________________________ As a result you are required to pay the assessed sum of CI$_______________ on or before __________________________ or else you will be charged\/summoned to appear in the Summary Court at George Town\/Cayman Brac for the offence(s) listed below. Please produce this ticket to the Treasury Counter at the Government Administration Building,  between the hours of 10:00 a.m. to 2:00 p.m. Monday \u2013 Friday and pay the sum of: CI$ _______________ in respect of the following offence(s) committed by you. Offence Section of the Law Fine ________________________________________________________________________________________ Date of Issue: _____________________ Time: _____________________ a.m. \/p.m. Place: Government Administration Building Inspector\u2019s Name: ________________________________ Signature: ________________________________ __________________________________ Superintendent of Health Insurance APPEAL PROCESS INSTRUCTIONS: Upon being informed of the decision to require payment of an assessed sum, and you believe that the amount is too high, you can raise this as an objection immediately or within 14 calendar days in writing to the Chairman of the Health Insurance Commission Board.  No request for review will be accepted if Extraordinary No.58\/2014 23                                                Friday, 8 August 2014 submitted outside the permitted period.  If you remain dissatisfied with the re-assessed sum, you will then be informed of your right to have the offence adjudicated in Summary Court and no further negotiation or discussion shall be held with you regarding this matter. APPENDIX 1 ADMINISTRATIVE FINES SECTION 24 OF THE HEALTH INSURANCE LAW (2013 REVISION) OFFENCES AND ADMINISTRATIVE FINES OFFENCE FINE FOR VIOLATION 1.Compulsory Health Insurance (subsection 1) Section 5 (1) of the Health Insurance Law (2013 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Duty of employer to provide information to employees Section  11 of the Health Insurance Law (2013 Revision) 3.Reporting to the Commission Section 14 of the Health Insurance Law (2011 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Termination of Contract Section 15 of the Health Insurance Law (2013 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Prohibition against the reduction of level of benefits. Section 15A of the Health Insurance Law (2013 Revision) The Superintendent may, in addition to the abovementioned fines, and subject to a right of appeal to a Court of Summary jurisdiction, impose a fine of one hundred dollars for each day or part of a day during which the offence continues. $1,000 $1,000 $1,000 $1,000 $1,000\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2014_01_01\", \"date\": \"2014-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2014_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2014_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2014\/73\", \"FRBRdate\": [{\"date\": \"2014-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2014\/73\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2014-0073\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"73 of 2014\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01\", \"FRBRdate\": [{\"date\": \"2014-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2014\/73\/eng@2014-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Code of Practice: Administrative Fines for Health Insurance Offences\", \"actNumber\": \"73 of 2014\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"Extraordinary No.58\/2014\n\n                                        15                                                    Friday, 8 August 2014\nGOVERNMENT\nDepartmental Notice\n\nCODE OF PRACTICE\nADMINISTRATIVE FINES FOR HEALTH INSURANCE OFFENCES\n\nPURPOSE\nThe purpose of this document is to illustrate how the Department of Health Regulatory Services - Health\nInsurance Commission will apply the Administrative Fines.  It will also serve to instruct the Superintendent of\nHealth Insurance (SHI) on how to dispense administrative fines in a fair, consistent and efficient manner for\nthe purpose of reducing the length of time it takes to dispose of health insurance offences in the court system.\n\nBASIS\/LAW\nSection 24 of the Health Insurance Law (2013 Revision) \u201cAdministrative Fines\u201d:-The Superintendent may \u2013\n(a) subject to such conditions as he thinks fit, stay or compound any proceeding for an offence under section 5,\n11, 14, 15 or 15A (irrespective of when the offence was committed); and\n\n(b) subject to a right of appeal to a court of summary jurisdiction, impose a fine of one thousand dollars, and in\nthe case of a continuing offence to a fine of one hundred dollars for each day or part of a day during which the\noffence continues; and the fines collected by the Superintendent under this section shall be paid into the revenue\nof the Islands.\u201d\n\nPOLICY\nThe administrative procedure should be used sparingly and should not be used in cases where the accused is a\nserial offender or in cases in which the Public Interest in the prosecution of serious crimes requires that the\nmatter be dealt with by the Court.  Each case must be assessed on its own particular circumstances.\nAdministrative Penalties should only be imposed in cases where the accused have admitted to the offence (the\nadmission recorded in writing in the presence of an accompanying Health Insurance Inspector) and where the\naccused has indicated in writing that he wishes to utilize this procedure, and the SHI considers that the\nparticular case would be an appropriate use of this procedure.\n\nUnder the Health Insurance Law (2013 Revision), offences relating to the following sections of the Law may\nattract an administrative penalty and fine:-\n\uf0b7 Section 5- Compulsory health insurance\n\uf0b7 Section 11- Duty of employer to provide information to employee\n\uf0b7 Section 14 \u2013 Reporting to the Commission\n\uf0b7 Section 15 \u2013 Termination of contract\n\uf0b7 Section 15A - Prohibition against reduction of level of benefits.\nSPECIFIED STEPS\nFor the purposes of this Code of Practice, when operating the Administrative Fines system, the specified steps\nto be taken by the Superintendent of Health Insurance and Health Insurance Inspectors are as follows:-\n\nExtraordinary No.58\/2014\n\n                                        16                                                Friday, 8 August 2014\nHealth Insurance Inspector (HII)\/Investigating Officer\na.         The HII will notify the accused in writing, stating the nature of the alleged contravention of the Health\nInsurance Law. The accused shall be given a maximum of 21 calendar days to reply to the notice.\n\nb.\nIf there is no reply, the HII will notify the accused by way of a second letter, with delivery by way\nof registered mail or by hand. This notice shall state the nature of the alleged contravention; remind\nthe accused of his failure to respond to the first notification and the need to provide an immediate\nresponse.\n\nc.          The accused, notified by the HII of the alleged contravention may, within 10 calendar days of the date\nof the 2nd notice, provide to the Commission a written response in respect of any such contravention,\nand shall also provide any other documentation which the person wishes the Commission to\nconsider in making any determination in relation to any alleged contravention.\n\nd.        Where a person makes no submission in respect of the alleged contravention, within the time permitted,\nthen the person shall be considered by the Commission to have admitted his guilt in relation to the\nalleged contravention and the matter will proceed to Court.\n\ne.          The HII will conduct investigation(s) by gathering any additional evidence, collecting witness\nstatements from all civilian witnesses, and statements from other officers which are essential in\nproof of the case. At any stage during the investigation, the accused may in writing request that the\nmatter be dealt with administratively. The Commission may then consider the accused\u2019s request.\n\nf.          Where the Commission intends to proceed administratively, the accused must be informed of the\nCommission\u2019s intention, and must be provided with documents, if any, in support of the alleged\ncontravention.\n\ng.         On the instructions of the SHI, the HII will thereafter complete the Administrative Fine(s) Agreement\n(Form 1).  The accused must be given a copy of Form 1, and must evidence his agreement to the\nterms thereof by signing the relevant section.  Having done so, the accused will be afforded an\nopportunity to make any written representation(s).  The written representation(s) must be received\nwithin three working days of the signing of the said form.\n\nh.         The SHI will return to the HII, the case file together with the Administrative Fine(s) Decision (Form\n2) containing the amount of Administrative Fine to be charged.\n\ni.          The HII prepares the Administrative Fine Ticket (Form 3) and arranges for the accused to be served\nwith the said ticket.  If the accused is a company, the ticket shall be served on the manager, owner or\na director of the company.\n\nj.\nIf the accused indicates disagreement with the facts of the case, or if he does not sign off on the\nrelevant section of the Administrative Fine(s) agreement (Form 1), or if he refuses to pay the\nAdministrative Fine, the HII will upon the expiration of the permitted period, forward the case file\ntogether with Form 1 and any written representation to the SHI. The case will then proceed to\nCourt.\n\nExtraordinary No.58\/2014\n\n                                        17                                                Friday, 8 August 2014\nProcedure for Administrative Fines Hearing\na.       Where the Commission has decided to hold a hearing it shall hold such hearing at a time mutually\nagreed by the accused, in accordance with such procedure as it may determine.\n\nb.         Where the person or his representative is present, the person or his representative shall be given an\nopportunity to address the Commission.\n\nc.      Representatives appearing on behalf of a person are not required to be persons having legal\nqualifications.\n\nd.      After any hearing, the Commission shall set out its findings in writing and shall make a determination\n(Administrative Penalty) in regard to any suspected failure to comply or contravention, and where\nthe Commission determines that a person has failed to comply with or contravened a prescribed\nrequirement, the Commission may consider the nature, circumstances and any actual or potential\nconsequences of each and any such failure to comply or contravention by the person as well as any\nprior determinations in respect of that person by the Commission, and may issue a warning or\nimpose a fine of one thousand dollars, and in the case of a continuing offence to a fine of one\nhundred dollars for each day or part of a day during which the offence continues, in respect of each\nsuch failure to comply or contravention.\n\ne.         The Commission shall, in writing, notify any such person of its findings and determinations and any\nfine or warning, within a reasonable time not exceeding ninety days after its determination.\n\nf.          An appeal against a determination of the Commission made under item (d) shall be made to a court of\nsummary jurisdiction.\n\ng.         Where no appeal against a determination of the Commission has been made under item (d) or where\nsuch an appeal has been unsuccessful, the fine imposed by the Commission shall be paid in full by\nthe person fined.\n\nAction by the Superintendent of Health Insurance (SHI)\na.\nReview the case file together with Form 1 and other supporting documents.\n\nb.\nDetermine that (i) a substantially complete investigation has been conducted, (ii) that the accused\nhas requested that the matter be dealt with administratively, (iii) the offence falls within section 24\nof the Health Insurance Law (2013 Revision),  and (iv) that the conditions of payment of an\nAdministrative Penalty have been accepted.\n\nc.\nRefer to Appendix 1 to determine the amount of the Administrative Fine.  Complete Form 2. Sign\nand return the file together with Form 2 to the HII.\n\nd.\nThe HII will thereafter fill out an Administrative Fine(s) Ticket (in triplicate).  The accused party\nwill sign his\/her name; signifying agreement with the levy assessed, and is given a copy.  The\noriginal will be retained along with the other copy inside the issuing book, which will be kept by the\nFinancial Accountant (FA).\n\ne.\nThe offender will thereafter be required to pay the assessed fine immediately, except in extenuating\ncircumstances and upon the discretion of the SHI, the fine can be paid within 14 calendar days,\n\nExtraordinary No.58\/2014\n\n                                        18                                                Friday, 8 August 2014\ninclusive of the date when the Administrative Fine(s) Ticket was issued at the time and place\nspecified (i.e. Treasury Counter at the Government Administration Building, 10.00 am to 2.00 pm\nMonday to Friday).\n\nf.\nThe HII and the FA will monitor the process to determine and ensure compliance with the payment\nof the assessed fine by the due date.\n\ng.\nIn the event of a failure by the offending party, to pay the assessed sum, within the time specified,\nthe FA will remove the original copy from the booklet, and pass it to the HII, who will prepare a\ncase file in the usual manner for the prosecution of the offending party in the Summary Court.  The\nSummary of Facts must include the accused\u2019s failure\/refusal to pay the assessed administrative fine.\n\nHow\/Where Should The Administrative Fine Be Paid\na.\n The levy assessed should be paid at the Cayman Islands Government Treasury Department,\n    First Floor, Government Administration Building, 10.00am \u2013 2.00 pm, Monday to Friday.  The sum to\nbe paid to the Cayman Islands Government must be paid in cash or cheque, for which a receipt will\nbe issued.  A copy of the receipt must be provided to the investigating HII, for inclusion in the\nrelevant file.\n\n b.     The FA will create a system for recording the particulars of the administrative fines, including the date\nof the assessment, the sum assessed, the date of payment and the number of the government receipt.\nHe\/She will also produce reports on a quarterly basis, including the offences, and the total sum paid\ninto government\u2019s revenues by the offenders.\n\nRight of Accused to Appeal\nUpon being informed of the decision by the SHI to require payment of an assessed sum, and if the\naccused remains dissatisfied with the decision taken by the Commission, the accused should then be\ninformed of his right to have the offence adjudicated in Summary Court. No further negotiation or\ndiscussion shall be held with him with regard to the matter.\n\nAction after an Administrative Fine has been paid\nA case file will be prepared and maintained by the HII who will ensure that the following actions are taken:\n\na.\nA file note containing details of the offence(s) and the payment of the Administrative Fine(s) will be\nadded to the file.\n\nb.\nA report containing details of the offence and the payment of the Administrative Fine(s) is sent to\nthe SHI for the attention of the Health Insurance Commission Board.\n\nc.         Serial offenders will be identified and reported to the SHI.\n\nExtraordinary No.58\/2014\n\n                                        19                                                Friday, 8 August 2014\nForm 1\n\nADMINISTRATIVE FINE(S) AGREEMENT\n\nHealth Insurance Law (2013 Revision) Section 24 entitled Administrative fines:\n\u201cThe Superintendent may \u2013\n(a) subject to conditions as he thinks fit, stay or compound any proceeding for an offence under\nsection 5, 11, 14, 15 or 15A (irrespective of when the offence was committed); and\n(b) subject to a right of appeal to a court of summary jurisdiction, impose a fine of one thousand\ndollars, and in the case of a continuing offence to a fine of one hundred dollars for each day or\npart of a day during which the offence continues; and the fines collected by the Superintendent\nunder this section shall be paid into the revenue of the Islands\u201d\nNote: Notwithstanding that an administrative penalty has been paid, the Department of Health Regulatory\nServices, Health Insurance Commission reserves the right to exercise any other provision of the Health\nInsurance Law (2013 Revision) in respect of the accused.\n\nForename(s) of Accused: _________________________\n\nSurname(s): ___________________________________\n\n Date\nof\nBirth:\n____________________________\n\nHII\/Investigating\nOfficer:\n___________________\n\nDo you require a lawyer at this time? \uf0a3 Yes\uf0a3 No\n If yes, please provide the name of nominated lawyer: ___________________________________________\n\n\u201cI, _______________________________________________________ wish to make a statement. I want\nsomeone to write down what I say.  I have been told that I need not say anything, but it may harm my defense\nif I do not mention something which I later rely on in Court.  Anything I say or do may be given in evidence\u201d\nSignature of Accused:___________________________ Date:________________________\n\nAccused has been shown the relevant documents:\n\nSignature of HII: __________________________________          Date: ___________________________\n\nAccused has admitted to the offence(s) of:-\na. _____________________________________________ pursuant to section  ________ of the Health\nInsurance Law (2013 Revision)\nb. ____________________________________ pursuant to section ______________________ of the Health\nInsurance Law (2013 Revision)\n\nExtraordinary No.58\/2014\n\n                                        20                                                Friday, 8 August 2014\nAccused has previously committed offences under the Health Insurance Law: \uf0a3 Yes\n\uf0a3 No. If yes, please\nprovide details (including the date of the offence):\n\nForename(s) of Accused: _________________________\n\nSurname(s):  ___________________________________\n\nDate\nof\nBirth:\n_____________________________\n\nHII\/Investigating\nOfficer:\n___________________\n\n\u201cI, ________________________________________________________ admit to the offence(s) listed on\nForm 1, and agree to pay an administrative penalty of CI$_____________ as provided for under the Health\nInsurance Law (2013 Revision).   I further understand that alternatively, I can elect for my case to be taken to\nCourt\u201d\n\nSignature of Accused: ___________________________________        Date: _________________________\n\n\u201cIn my defense, please consider the following mitigating factors or those expressed in the letter attached when\nassessing the penalty to be levied.\u201d\n______________________________________________________________________________________\n______________________________________________________________________________________\n______________________________________________________________________________________\n______________________________________________________________________________________\n______________________________________________________________________________________\n \u201cI have read the above statement and I have been told that I can correct, alter or add anything I wish.  This\nstatement is true.  I have made it on my own free will and there is nothing I wish to alter, add or remove.\u201d\n\nSignature of Accused: __________________________________                Date: ______________________\n\nExtraordinary No.58\/2014\n\n                                        21                                                Friday, 8 August 2014\nForm 2\n\nADMINISTRATIVE FINE(S) DECISION\nTo be completed by the Superintendent of Health Insurance.\n\nName\nof\nAccused:_____________________________\n\nDate of Birth:________________________________\n\nAccused has admitted to the offence(s) of:-\na. _____________________________________________ pursuant to ________ of the Health Insurance\nLaw (2013 Revision)\nb. _____________________________________________ pursuant to ________ of the Health Insurance\nLaw (2013 Revision)\nThe amount of Administrative Fine (in words):\n________________________________________________________________________________________\n_______________________________________________________________________________________\nAmount: CI$______________________________\nBefore issuing the Administrative Fine, the following was taken into consideration:\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n________________________________________________________________________________________\n__________________________________\n\nDate: _________________________\nSuperintendent of Health Insurance\n\nExtraordinary No.58\/2014\n\n                                        22                                                Friday, 8 August 2014\nForm 3\nHEALTH INSURANCE LAW (2013 REVISION) SECTION 24\n\nTHE ADMINISTRATIVE FINE(S) TICKET\n\nFile # ______________\nPayment Instructions: Payment must be made in person or by representative in CI$ Currency.\n\nTick ONE only\n\uf0a3 Ticket served upon violator (PERSONALLY)\n\uf0a3 Violator appeared in person before HII\/SHI\n\nName:\n________________________________________________________________________________________\n\nDOB: ______________________ P.O. Box ______________________ Postal Code: __________________\n\nPhone: (w)_______________________ (h)________________________(c) __________________________\n\nBrief Summary of Offence ________________________________________________________________\n\n________________________________________________________________________________________\n\nAs a result you are required to pay the assessed sum of CI$_______________ on or before\n__________________________ or else you will be charged\/summoned to appear in the Summary Court at\nGeorge Town\/Cayman Brac for the offence(s) listed below.\nPlease produce this ticket to the Treasury Counter at the Government Administration Building,  between the\nhours of 10:00 a.m. to 2:00 p.m. Monday \u2013 Friday and pay the sum of: CI$ _______________ in respect of the\nfollowing offence(s) committed by you.\n\nOffence\n\nSection of the Law\n\nFine\n\n ________________________________________________________________________________________\n\nDate of Issue: _____________________ Time: _____________________ a.m. \/p.m.\n\nPlace: Government Administration Building\n\nInspector\u2019s Name: ________________________________ Signature: ________________________________\n\n__________________________________\nSuperintendent of Health Insurance\n\nAPPEAL PROCESS INSTRUCTIONS:\nUpon being informed of the decision to require payment of an assessed sum, and you believe that the amount\nis too high, you can raise this as an objection immediately or within 14 calendar days in writing to the\nChairman of the Health Insurance Commission Board.  No request for review will be accepted if\n\nExtraordinary No.58\/2014\n\n                                        23                                                Friday, 8 August 2014\nsubmitted outside the permitted period.  If you remain dissatisfied with the re-assessed sum, you will then be\ninformed of your right to have the offence adjudicated in Summary Court and no further negotiation or\ndiscussion shall be held with you regarding this matter.\n\nAPPENDIX 1\n\nADMINISTRATIVE FINES\nSECTION 24 OF THE HEALTH INSURANCE LAW (2013 REVISION)\n\nOFFENCES AND ADMINISTRATIVE FINES\n\nOFFENCE\nFINE FOR\nVIOLATION\n\n1.Compulsory Health Insurance (subsection 1)\nSection 5 (1) of the Health Insurance Law (2013 Revision)\n\n2. Duty of employer to provide information to employees\nSection  11 of the Health Insurance Law (2013 Revision)\n\n3.Reporting to the Commission\nSection 14 of the Health Insurance Law (2011 Revision)\n\n4.\nTermination of Contract\nSection 15 of the Health Insurance Law (2013 Revision)\n\n5. Prohibition against the reduction of level of benefits.\nSection 15A of the Health Insurance Law (2013 Revision)\n\nThe Superintendent may, in addition to the abovementioned fines, and\nsubject to a right of appeal to a Court of Summary jurisdiction, impose a\nfine of one hundred dollars for each day or part of a day during which\nthe offence continues.\n\n$1,000\n\n$1,000\n\n$1,000\n\n$1,000\n\n$1,000","akn_extracted_at":"2026-06-22 15:38:12.017712+00","cms_id":"2014-0073","law_type":"subordinate","year":"2014","number":"73","title":"Code of Practice: Administrative Fines for Health Insurance Offences","status":"in_force"},"provenance":{"files":[{"file_id":"5359","expr_id":"419","kind":"akn_xml","filename":"2014-0073_SL 73 of 2014.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.akn.xml","content_md5":"1ef24589700d3dfc04bdf5ef04e86db5","byte_size":"23698","http_last_modified":null,"fetched_at":"2026-06-22 15:38:12.099642+00"},{"file_id":"837","expr_id":"419","kind":"pristine_pdf","filename":"2014-0073_SL 73 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.pdf","content_md5":"995c95f552c0dc582cf1e5796180b015","byte_size":"197450","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.387747+00"},{"file_id":"838","expr_id":"419","kind":"working_pdf","filename":"2014-0073_SL 73 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0073\/2014-0073_SL 73 of 2014.pdf","content_md5":"995c95f552c0dc582cf1e5796180b015","byte_size":"197450","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.387747+00"}],"paragraph_count":3,"latest_history":null},"quality":{"expr_id":"419","doc_id":"419","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise,paragraph_numbering_problem}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,rebuild_paragraphs,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly complete but truncated at end; minor version inconsistency noted in appendix.","assessed_at":"2026-06-22 15:29:45.4819+00","updated_at":"2026-06-22 15:29:45.4819+00"}}