Section 210-19-012 - Violations and Penalties012.01 Any failure to comply with this regulation shall be considered a violation of the Nebraska Unfair Insurance Trade Practices as set forth in Neb. Rev. Stat. §§ 44-1521 to 44-1535. Examples of violations include, but are not limited to: 012.01A Any deceptive or misleading information set forth in sales material;012.01B Failing to ask the applicant in completing the application the pertinent questions regarding the possibility of financing or replacement;012.01C The intentional incorrect recording of an answer;012.01D Advising an applicant to respond negatively to any question regarding replacement in order to prevent notice to the existing insurer; or012.01E Advising a policy or contract owner to write directly to the company in such a way as to attempt to obscure the identity of the replacing producer or company.012.02 Policy and contract owners have the right to replace existing life insurance policies or annuity contracts after indicating in or as a part of applications for new coverage that replacement is not their intention; however, patterns of such action by policy or contract owners of the same producer shall be deemed prima facie evidence of the producer's knowledge that replacement was intended in connection with the identified transactions, and these patterns of action shall be deemed prima facie evidence of the producer's intent to violate this rule.012.03 Where it is determined that the requirements of this rule have not been met the replacing insurer shall provide to the policy owner an in force illustration if available or policy summary for the replacement policy or available disclosure document for the replacement contract and the appropriate notice regarding replacements in Appendix A or C.012.04 This rule does not prohibit the use of additional material, other than that which is required, that is not in violation of this Rule or any other statute or regulation.012.05 Any insurer, producer, or representative, officer, employee of such insurer failing to comply with the requirements of this Rule shall be subject to the penalties of Neb. Rev. Stat. § 44-1529.210 Neb. Admin. Code, ch. 19, § 012