33-1-1211. Penalties. (1) If, after a hearing conducted under 33-1-701, the commissioner determines that a person has committed insurance fraud, the commissioner may:
(a) impose any penalty provided for in 33-1-317; or
(b) require the person to pay the costs of the proceeding.
(2) Any person who purposely or knowingly commits insurance fraud commits the offense of theft under 45-6-301.
(3) In addition to any other penalties, the commissioner shall require a person who commits insurance fraud to make restitution to the insurer or to any other person for all financial loss sustained as a result of the insurance fraud.