2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 508E - VIATICAL SETTLEMENT CONTRACTS
508E.16 - INJUNCTIONS -- CIVIL REMEDIES -- CEASE AND DESIST ORDERS -- CIVIL PENALTY.

        508E.16  INJUNCTIONS -- CIVIL REMEDIES -- CEASE AND
      DESIST ORDERS -- CIVIL PENALTY.
         1.  In addition to the penalties and other enforcement provisions
      of this chapter, if any person violates this chapter or any rule
      implementing this chapter, the commissioner may seek an injunction in
      a court of competent jurisdiction and may apply for a temporary or
      permanent order that the commissioner determines is necessary to
      restrain the person from committing the violation.
         2.  A person damaged by the act of a person in violation of this
      chapter may bring a civil action against the person committing the
      violation in a court of competent jurisdiction.
         3.  The commissioner may issue, in accordance with chapter 17A, a
      cease and desist order upon a person that violates any provision of
      this chapter, any rule or order adopted by the commissioner, or any
      written agreement entered into with the commissioner.
         4.  When the commissioner finds that an activity in violation of
      this chapter presents an immediate danger to the health, safety, or
      welfare of the public requiring immediate agency action, the
      commissioner may proceed under section 17A.18A.
         5.  In addition to the penalties and other enforcement provisions
      of this chapter, any person who violates this chapter is subject to a
      civil penalty of up to five thousand dollars for each violation of
      this chapter.  The civil penalty shall be deposited as provided in
      section 505.7.  If a person has not been ordered to pay restitution
      by a court, the commissioner's order may require a person found to be
      in violation of this chapter to make restitution to a person
      aggrieved by a violation of this chapter.
         6.  Except for a fraudulent viatical settlement act committed by a
      viator, the enforcement provisions and penalties of this section
      shall not apply to a viator.  

         Section History: Recent Form

         2008 Acts, ch 1155, §16; 2009 Acts, ch 181, §70 

         Footnotes

         For future repeal of 2009 amendment to subsection 5, effective
      July 1, 2011, see 2009 Acts, ch 179, §146