2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 507B - INSURANCE TRADE PRACTICES
507B.6 - HEARINGS, WITNESSES APPEARANCES, PRODUCTION OF BOOKS AND SERVICE OF PROCESS.

        507B.6  HEARINGS, WITNESSES APPEARANCES, PRODUCTION OF
      BOOKS AND SERVICE OF PROCESS.
         1.  Whenever the commissioner believes that any person has been
      engaged or is engaging in this state in any unfair method of
      competition or any unfair or deceptive act or practice whether or not
      defined in section 507B.4, 507B.4A, or 507B.5 and that a proceeding
      by the commissioner in respect to such method of competition or
      unfair or deceptive act or practice would be in the public interest,
      the commissioner shall issue and serve upon such person a statement
      of the charges in that respect and a notice of a hearing on such
      charges to be held at a time and place fixed in the notice, which
      shall not be less than ten days after the date of the service of such
      notice.
         2.  At the time and place fixed for such hearing, such person
      shall have an opportunity to be heard and to show cause why an order
      should not be made by the commissioner requiring such person to cease
      and desist from the acts, methods or practices so complained of.
      Upon good cause shown, the commissioner shall permit any person to
      intervene, appear and be heard at such hearing by counsel or in
      person.
         3.  Nothing contained in this chapter shall require the observance
      at any such hearing of formal rules of pleading or evidence.
         4.  The commissioner, upon such hearing, may administer oaths,
      examine and cross-examine witnesses, receive oral and documentary
      evidence, and shall have the power to subpoena witnesses, compel
      their attendance, and require the production of books, papers,
      records, correspondence, or other documents which the commissioner
      deems relevant to the inquiry.  The commissioner, upon such hearing,
      may, and upon the request of any party shall, cause to be made a
      stenographic record of all the evidence and all the proceedings had
      at such hearing.  If no stenographic record is made and if a judicial
      review is sought, the commissioner shall prepare a statement of the
      evidence and proceeding for use on review.  In case of a refusal of
      any person to comply with any subpoena issued hereunder or to testify
      with respect to any matter concerning which the person may be
      lawfully interrogated, the district court of Polk county or the
      county where such party resides, on application of the commissioner,
      may issue an order requiring such person to comply with such subpoena
      and to testify; and any failure to obey any such order of the court
      may be punished by the court as a contempt thereof.
         5.  Statements of charges, notices, orders, subpoenas, and other
      processes of the commissioner under this chapter may be served by
      anyone authorized by the commissioner, either in the manner provided
      by law for service of process in civil actions, or by mailing a copy
      by restricted certified mail to the person affected by the statement,
      notice, order, subpoena, or other process at the person's residence
      or principal office or place of business.  The verified return by the
      person serving the statement, notice, order, subpoena, or other
      process, setting forth the manner of such service, shall be proof of
      service, and the return receipt for the statement, notice, order,
      subpoena, or other process, mailed by restricted certified mail,
      shall be proof of the service.  

         Section History: Early Form

         [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 507B.6] 

         Section History: Recent Form

         2001 Acts, ch 69, §9, 39; 2004 Acts, ch 1110, §22
         Referred to in § 507B.3, 507B.7A, 514B.26, 522A.3, 522B.11