Title 33, Chapter 2, Section 24
( 33-2-24)
(a) Whenever it may appear to the Commissioner, either upon
investigation or otherwise, that any person has engaged in, is
engaging in, or is about to engage in any act, practice, or
transaction which is prohibited by this title or by any rule,
regulation, or order of the Commissioner promulgated or issued
pursuant to this title or which is declared to be unlawful under
this title, the Commissioner may at his discretion issue an order,
if he deems it to be appropriate in the public interest or for the
protection of policyholders or the citizens of this state,
prohibiting such person from continuing such act, practice, or
transaction. (b) Notwithstanding any other provision of this title, in situations
where persons otherwise would be entitled to a hearing prior to an
order, the Commissioner may issue a proposed order to be effective
upon a later date without hearing, unless persons subject to the
order request a hearing within ten days after receipt of the order.
Failure to make the request shall constitute a waiver of any
provision of law for the hearing. The order shall contain or shall
be accompanied by a notice of opportunity for hearing which clearly
explains that the opportunity must be requested within ten days of
receipt of the order and notice. The order and notice shall be
served in person by the Commissioner or his agent or by registered
or certified mail or statutory overnight delivery, return receipt
requested. (c) Notwithstanding any other provision of this title, in situations
where persons otherwise would be entitled to a hearing prior to an
order, the Commissioner may issue an order to be effective
immediately, if the Commissioner has reasonable cause to believe:
that an act, practice, or transaction is occurring or is about to
occur; that the situation constitutes a situation of imminent peril
to the public health, safety, or welfare; and that the situation
therefore imperatively requires emergency action. The emergency
order shall contain findings to this effect and reasons for the
determination. The order shall contain or be accompanied by a notice
of opportunity for hearing which may provide that a hearing will be
held if and only if a person subject to the order requests a hearing
within ten days of receipt of the order and notice. The order and
notice shall be served by delivery by the Commissioner or his agent
or by registered or certified mail or statutory overnight delivery,
return receipt requested. (d) The Commissioner may institute actions or other legal
proceedings as may be required for the enforcement of any provisions
of this title. If the Commissioner has reason to believe that any
person has violated any provision of this title for which criminal
prosecution is provided, he shall so inform the prosecuting attorney
in whose circuit or jurisdiction such violation may have occurred. (e) The Commissioner may prosecute an action in any superior court
of proper venue to enforce any order made by him pursuant to this
title. (f) In cases in which the Commissioner institutes an action or other
legal proceeding in a superior court of this state or prosecutes an
action in a superior court to enforce his order, the superior court
may among other appropriate relief issue an injunction restraining
persons and those in active concert with them, including agents,
employees, partners, officers, and directors, from engaging in acts
prohibited by orders of the Commissioner or his rules or regulations
or made unlawful or prohibited by this title. (g) In addition to all other penalties provided for under this
title, the Commissioner shall have the authority to place any
insurer, agent, broker, counselor, solicitor, or adjuster on
probation for a period of time not to exceed one year for each and
every act in violation of this title or of the rules and regulations
or orders of the Commissioner and may subject such insurer, agent,
broker, counselor, solicitor, or adjuster to a monetary penalty of
up to $1,000.00 for each and every act in violation of this title or
of the rules, regulations, or orders of the Commissioner, unless the
insurer, agent, broker, counselor, solicitor, or adjuster knew or
reasonably should have known he was in violation of this title or of
the rules and regulations or orders of the Commissioner, in which
case the monetary penalty provided for in this subsection may be
increased to an amount up to $5,000.00 for each and every act in
violation. |