(a) If any surplus lines broker fails to:
(1) File statements required by section 431:8-313; or
(2) Pay the premium tax required by section 431:8-315 when the tax is due,
the surplus lines broker may be liable for a fine of up to $25 for each day of delinquency.
(b) The commissioner may:
(1) Collect the premium tax required by section 431:8-315 by distraint;
(2) Recover the premium tax required by section 431:8-315 and fine for failure to pay the premium tax by instituting an action in any court of competent jurisdiction; or
(3) Recover the fine for failure to file the statements required by section 431:8-313 by instituting an action in any court of competent jurisdiction.