House Journal: Page 1251: Wednesday, April 5, 2000
13 b. The If a hearing is not timely requested, the
14 summary order becomes final by operation of law. The
15 order shall remain effective from the date of issuance
16 until the date the order becomes final by operation of
17 law or is overturned by a presiding officer or court
18 following a request for hearing. a person named in
19 the order may, within fourteen days of the date of the
20 order, file a written who has been issued a summary
21 order under this subsection may contest it by filing a
22 request for a hearing. The hearing shall be held in
23 accordance with contested case proceeding as provided
24 in chapter 17a and in accordance with the rules
25 adopted by the administrator. However, the person
26 shall have at least thirty days from the date that the
27 order is issued in order to file the request. Section
28 17A.18a is inapplicable to a summary order issued
29 under this subsection.
30 c. a person violating a summary order issued under
31 this subsection shall be deemed in contempt of that
32 order. The administrator may petition the district
33 court to enforce the order as certified by the
34 administrator. The district court shall adjudge the
35 person in contempt of the order if the court finds
36 after hearing that the person is not in compliance
37 with the order. The court shall assess a civil
38 penalty against the person in an amount not less than
39 three thousand dollars but not greater than ten
40 thousand dollars per violation, and may issue further
41 orders as it deems appropriate.
42 Any a consent agreement between the administrator
43 and the seller may be filed in the miscellaneous
44 docket of the clerk of the district court.
45 Sec. 26. Section 523B.8, subsection 2, paragraph
46 b, Code 1999, is amended to read as follows:
47 b. For the purpose of an investigation or
48 proceeding under this chapter, the administrator or an
49 officer designated by the administrator may administer
50 oaths and affirmations, subpoena witnesses, compel the
Page 10
1 attendance of witnesses, take evidence and require the
2 production of books, papers, correspondence,
3 memoranda, agreements, or other documents or records
4 which the administrator deems relevant or material to
5 the inquiry.
6 DIVISION IV
7 RESIDENTIAL SERVICE CONTRACTS
8 Sec. 27. Section 22.7, Code Supplement 1999, is
9 amended by adding the following new subsection:
10 NEW SUBSECTION. 39. Information obtained by the
11 commissioner of insurance in the course of an
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