House Journal: Page 1358: Monday, April 23, 2001
11 approved by the commissioner and shall be borne by the
12 insurance division's regulatory fund.
13 Sec. . NEW SECTION. 523A.805 CEASE AND DESIST
14 ORDERS - INJUNCTIONS.
15 If it appears to the commissioner that a person has
16 engaged or is about to engage in an act or practice
17 constituting a violation of this chapter, implementing
18 rules, or orders issued under this chapter, the
19 commissioner or the attorney general may do either or
20 both of the following:
21 1. Issue a summary order directed at the person
22 requiring the person to cease and desist from engaging
23 in such act or practice. A person may request a
24 hearing within thirty days of issuance of the summary
25 order. If a hearing is not timely requested, the
26 summary order shall become final by operation of law.
27 The order shall remain effective from the date of
28 issuance until the date the order becomes final by
29 operation of law or is overturned by a presiding
30 officer following a request for hearing. Section
31 17A.18A is inapplicable to summary cease and desist
32 orders issued under this section.
33 2. Bring an action in the district court in any
34 county of the state for an injunction to restrain a
35 person subject to this chapter and any agents,
36 employees, or associates of the person from engaging
37 in conduct or practices deemed contrary to the public
38 interest. In any proceeding for an injunction, the
39 commissioner or attorney general may apply to the
40 court for a subpoena to require the appearance of a
41 defendant and the defendant's agents and for any
42 books, accounts, papers, correspondence, memoranda,
43 purchase agreements, files, or other documents or
44 records germane to the hearing upon the petition for
45 an injunction. Upon a proper showing, a permanent or
46 temporary injunction, restraining order, or writ of
47 mandamus shall be granted and a receiver may be
48 appointed for the defendant or the defendant's assets.
49 The commissioner or attorney general shall not be
50 required to post a bond.
Page 38
1 Sec. . NEW SECTION. 523A.806 COURT ACTION FOR
2 FAILURE TO COOPERATE.
3 If a person fails or refuses to file any statement
4 or report or to produce any books, accounts, papers,
5 correspondence, memoranda, purchase agreements, files,
6 or other documents or records, or to obey any subpoena
7 issued by the commissioner, the commissioner may refer
8 the matter to the attorney general, who may apply to a
9 district court to enforce compliance. The court may
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