2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 516E - MOTOR VEHICLE SERVICE CONTRACTS
516E.13 - ORDERS, INVESTIGATIONS, EXAMINATIONS, AND SUBPOENAS.

        516E.13  ORDERS, INVESTIGATIONS, EXAMINATIONS, AND
      SUBPOENAS.
         1.  The commissioner may take actions which are necessary or
      appropriate for the protection of service contract holders or for the
      effective administration of this chapter.  The commissioner may make
      private and public investigations and examinations as the
      commissioner deems necessary to determine whether any person has
      violated or is about to violate this chapter or a rule or order
      adopted or issued pursuant to this chapter.
         2.  In an investigation or proceeding under this chapter, the
      commissioner or any officer designated by the commissioner may
      administer oaths and affirmations, subpoena witnesses and compel
      their attendance, take evidence, and require the production of
      records which the commissioner deems relevant or material to an
      inquiry, all of which may be enforced in accordance with chapter 17A.

         3.  A person is not excused from attending and testifying or from
      producing a document or record before the administrator or in
      obedience to a subpoena of the administrator or an officer designated
      by the administrator, or in a proceeding instituted by the
      administrator, on the grounds that the testimony or evidence,
      documentary or otherwise, required of the person may tend to
      incriminate or subject the person to a penalty or forfeiture.
      However, a person shall not be prosecuted or subjected to any penalty
      or forfeiture due to a transaction or matter about which the person
      is compelled, after claiming privilege against self- incrimination,
      to testify or produce evidence, documentary or otherwise.  The person
      testifying, however, is not exempt from prosecution and punishment
      for perjury or contempt committed while testifying.
         4.  Upon the commissioner's determination that a provider, service
      company, or third-party administrator has engaged, is engaging, or is
      about to engage in any act or practice constituting a violation of
      this chapter or a rule adopted pursuant to this chapter, the
      commissioner may issue a summary order directing the person to cease
      and desist from engaging in the act or practice resulting in the
      violation or to take other affirmative action as in the judgment of
      the commissioner is necessary to comply with the requirements of this
      chapter.
         a.  If a hearing is not timely requested, the summary order
      becomes final by operation of law.  The order shall remain effective
      from the date of issuance until the date the order becomes final by
      operation of law or is overturned by a presiding officer or court
      following a request for hearing.  A person who has been issued a
      summary order under this subsection may contest the order by filing a
      request for a contested case proceeding as provided in chapter 17A
      and in accordance with 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 subsection.
         b.  A person violating a summary order issued under this
      subsection 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 is not in compliance with the order.  The court shall
      assess a civil penalty against the person in an amount not less than
      three thousand dollars but not greater than ten thousand dollars per
      violation, and may issue further orders as it deems appropriate.  

         90 Acts, ch 1145, §11
         C91, §321I.14
         94 Acts, ch 1031, §4; 2000 Acts, ch 1147, § 11, 15
         C2001, §516E.13
         2005 Acts, ch 70, §37