2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 507B - INSURANCE TRADE PRACTICES
507B.6A - SUMMARY CEASE AND DESIST ORDERS.

        507B.6A  SUMMARY CEASE AND DESIST ORDERS.
         1.  Upon a determination by the commissioner that a person or
      insurer has engaged, is engaging, or is about to engage in any act or
      practice constituting a violation of this chapter or a rule adopted
      or order issued under this chapter, the commissioner may issue a
      summary order, including a brief statement of findings of fact,
      conclusions of law, and policy reasons for the decision, and
      directing the person or insurer to cease and desist from engaging in
      the act or practice or to take other affirmative action as is in the
      judgment of the commissioner necessary to comply with the
      requirements of this chapter.
         2.  A person who has been issued a summary order under this
      section may contest the order by filing a request for a contested
      case proceeding and hearing as provided in chapter 17A and in
      accordance with the rules adopted by the commissioner.  However, the
      person shall have at least thirty days from the date that the order
      is issued in order to file the request.  Section 17A.18A is
      inapplicable to a summary order issued under this section.  The order
      shall remain effective from the date of issuance unless overturned by
      a presiding officer or court following a request for hearing.  If a
      hearing is not timely requested, the summary order becomes final by
      operation of law.
         3.  A person or insurer violating a summary order issued under
      this section shall be deemed in contempt of that order.  The
      commissioner may petition the district court to enforce the order as
      certified by the commissioner.  The district court shall adjudge the
      person in contempt of the order if the court finds after hearing that
      the person or insurer is not in compliance with the order.  The court
      may assess a civil penalty against the person or insurer and may
      issue further orders as it deems appropriate.  
         Section History: Recent Form
         2004 Acts, ch 1110, §23
         Referred to in § 505.8, 507B.7A, 508E.7

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