29.0207 Cease and desist orders.

Cite as [A.S.C.A. § 29.0207]

(a) Whenever the Commissioner has reason to believe that any person has been engaged or is engaging or is about to engage in any violation of the insurance law, he may issue an order, directed to that person, to discontinue or desist from the violation or violations. The copy of the order forwarded to the person involved must set forth the statement of the specific charges and the fact that the person may request a hearing within 20 days of the date of mailing.

(b) Where a hearing is requested, the Commissioner shall set a date for the hearing to be held 30 days after receipt of the request, and shall give the person involved written notice of the hearing date at least 7 days prior thereto. The person requesting the hearing must establish to the satisfaction of the Commissioner that the order should not be complied with. The order becomes final 20 days after the date of mailing unless within the 20-day period the person to whom it is directed files with the Commissioner a written request for a hearing. To the extent applicable and not inconsistent with the foregoing, the provisions of 4.1001 et seq., govern the hearing procedure in any judicial review thereof. Where a hearing has been requested, the Commissioner’s order becomes final at such time as the right to further hearing or review has expired or been exhausted.

(c) No order of the Commissioner under this section, or order of a court to enforce the same, may in any way relieve or absolve any person affected by the order from any liability under any other laws of the territory.

(d) The powers vested in the Commissioner pursuant to this section are supplementary and not in lieu of any other power to suspend or revoke certificates of authority or licenses to enforce any penalty, fines, or forfeitures, authorized by law with respect to any violations for which an order of discontinuance has been issued.

History: 1974, PL 13-58 § 1.