A. In case of any failure to make a report required or to make payment of the tax imposed by R.S. 22:439, a penalty of ten percent of the amount of tax due shall be paid to the commissioner with the tax due.
B. The commissioner may waive the payment of the penalty if all of the following occur:
(1) There is satisfactory evidence to show that the failure to report or pay pursuant to R.S. 22:439 was due to an unforeseen or unavoidable reason other than mere neglect.
(2) The delinquency is for no more than thirty days after the due date of the report required by or for the payment of the tax imposed by R.S. 22:439.
C. After the lapse of thirty days, until the report is filed and the delinquent tax paid, the commissioner may suspend or revoke the license of the delinquent surplus lines broker to do business in this state.
D. Any penalty collected by the commissioner pursuant to this Section shall be paid to the state treasurer and credited to the general fund.