507A.10 Cease and desist orders — civil and criminal penalties. 1. Upon a determination by the commissioner, after a hearing conducted pursuant to chapter 17A, that a person or insurer has violated a provision of this chapter, thecommissioner shall reduce the findings of the hearing to writing and deliver a copy of thefindings to the person or insurer, may issue an order requiring the person or insurer to ceaseand desist from engaging in the conduct resulting in the violation, and may assess a civilpenalty of not more than fifty thousand dollars against the person or insurer. 2. a. Upon a determination by the commissioner that a person or insurer has engaged, is engaging, or is about to engage in any act or practice constituting a violation of this chapteror a rule adopted or order issued under this chapter, the commissioner may issue a summaryorder, including a brief statement of findings of fact, conclusions of law, and policy reasonsfor the decision, and directing the person or insurer to cease and desist from engaging in theact or practice or to take other affirmative action as is in the judgment of the commissionernecessary to comply with the requirements of this chapter. b. urer to cease and desist from engaging in theact or practice or to take other affirmative action as is in the judgment of the commissionernecessary to comply with the requirements of this chapter. b. A person to whom a summary order has been issued under this subsection may contest the order by filing a request for a contested case proceeding and hearing as provided inchapter 17A and in accordance with rules adopted by the commissioner. However, the personshall have at least thirty days from the date that the order is issued in order to file the request.Section 17A.18A is inapplicable to a summary order issued under this subsection. If a hearingis not timely requested, the summary order becomes final by operation of law. The order shallremain effective from the date of issuance until the date the order becomes final by operationof law or is overturned by a presiding officer or court following a request for hearing. c. A person or insurer violating a summary order issued under this subsection shall be deemed in contempt of that order. The commissioner may petition the district court to enforcethe order as certified by the commissioner. iolating a summary order issued under this subsection shall be deemed in contempt of that order. The commissioner may petition the district court to enforcethe order as certified by the commissioner. The district court shall find the person in contemptof the order if the court finds after hearing that the person or insurer is not in compliance withthe order. The court may assess a civil penalty against the person or insurer and may issuefurther orders as it deems appropriate. 3. A person acting as an insurance producer, as defined in chapter 522B, without proper licensure, or an insurer who willfully violates any provision of this chapter, or any ruleadopted or order issued under this chapter, is guilty of a class 'D' felony. 4. A person acting as an insurance producer, as defined in chapter 522B, without proper licensure, or an insurer who willfully violates any provision of this chapter, or any ruleadopted or order issued under this chapter, and when such violation results in a loss of morethan ten thousand dollars, is guilty of a class 'C' felony. 5. The commissioner may refer such evidence as is available concerning violations of this chapter or of any rule adopted or order ss of morethan ten thousand dollars, is guilty of a class 'C' felony. 5. The commissioner may refer such evidence as is available concerning violations of this chapter or of any rule adopted or order issued under this chapter, or of the failure of a personto comply with the licensing requirements of chapter 522B, to the attorney general or theproper county attorney who may, with or without such reference, institute the appropriatecriminal proceedings under this chapter. 6. This chapter does not limit the power of the state to punish any person for any conduct that constitutes a crime under any other statute. [C71, 73, 75, 77, 79, 81, §507A.10; 81 Acts, ch 165, §2]95 Acts, ch 185, §5; 2004 Acts, ch 1110, §19Referred to in §515I.11 Sat Dec 23 00:39:14 2023 Iowa Code 2024, Section 507A.10 (16, 0)
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