2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.203 - CEASE AND DESIST ORDERS -- INJUNCTIONS.

        523I.203  CEASE AND DESIST ORDERS -- INJUNCTIONS.
         If it appears to the commissioner that a person has engaged or is
      about to engage in an act or practice constituting a violation of
      this chapter, or implementing rules or orders issued under this
      chapter, the commissioner or the attorney general may do any of the
      following:
         1.  Issue a summary order directed to the person that requires the
      person to cease and desist from engaging in such an act or practice.
      A person may request a hearing within thirty days of issuance of the
      summary order.  If a hearing is not timely requested, the summary
      order shall become 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
      following a request for hearing.  Section 17A.18A is inapplicable to
      summary cease and desist orders issued under this section.
         2.  Bring an action in the district court in any county of the
      state for an injunction to restrain a person subject to this chapter
      and any agents, employees, or associates of the person from engaging
      in conduct or practices deemed contrary to the public interest.  In
      any proceeding for an injunction, the commissioner or attorney
      general may apply to the court for a subpoena to require the
      appearance of a defendant and the defendant's agents, employees, or
      associates and for the production of any books, accounts, papers,
      correspondence, memoranda, purchase agreements, files, or other
      documents or records germane to the hearing upon the petition for an
      injunction.  Upon a proper showing, a permanent or temporary
      injunction, restraining order, or writ of mandamus shall be granted
      and a receiver may be appointed for the defendant or the defendant's
      assets.  The commissioner or attorney general shall not be required
      to post a bond.  
         Section History: Recent Form
         2005 Acts, ch 128, §11

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