House Journal: Page 1254: Wednesday, April 5, 2000
10 2. Except as provided in section 523C.19, a
11 proceeding instituted under this chapter shall be
12 conducted pursuant to chapter 17a and rules adopted by
13 the commissioner pursuant to chapter 17A.
14 3. In an investigation or proceeding conducted
15 under this chapter, the commissioner or any designee
16 of the commissioner may administer oaths and
17 affirmations, subpoena witnesses, compel their
18 attendance, take evidence, and require the production
19 of any records which the commissioner deems relevant
20 or material to the inquiry.
21 4. a person is not excused from attending and
22 testifying or from producing a document or record
23 before the commissioner or in obedience to a subpoena
24 of the commissioner or an officer designated by the
25 commissioner, or in a proceeding instituted by the
26 commissioner, on the grounds that the testimony or
27 evidence, documentary or otherwise, required of the
28 person may tend to incriminate or subject the person
29 to a penalty or forfeiture. However, a person shall
30 not be prosecuted or subjected to any penalty or
31 forfeiture due to a transaction or matter about which
32 the person is compelled, after claiming privilege
33 against self-incrimination, to testify or produce
34 evidence, documentary or otherwise. The person
35 testifying, however, is not exempt from prosecution
36 and punishment for perjury or contempt committed while
37 testifying.
38 DIVISION V
39 RETIREMENT CARE CONTRACTS
40 Sec. 32. Section 523D.13, Code 1999, is amended to
41 read as follows:
42 523D.13 COMPLIANCE ORDERS.
43 1. Upon the commissioner's determination that a
44 provider has violated a provision has engaged, is
45 engaging, or is about to engage in any act or practice
46 constituting a violation of this chapter or a rule
47 adopted pursuant to this chapter, the commissioner may
48 issue an a summary order requiring a directing the
49 provider to cease and desist from an unlawful engaging
50 in the act or practice resulting in the violation or
Page 13
1 to take other affirmative action as in the judgment of
2 the commissioner is necessary to comply with the
3 requirements of this chapter.
4 2. The person named in the order may, within
5 fourteen days after receipt of the order, file a
6 written request for a hearing. The hearing shall be
7 held in accordance with chapter 17A. If a hearing is
8 not requested, the order shall become permanent. If a
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