515I.12 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 surplus lines insurance producer, an eligible surplus lines insurer, or anonadmitted insurer has violated a provision of this chapter, the commissioner shall reducethe findings of the hearing to writing and deliver a copy of the findings to the producer orinsurer. The commissioner may issue an order requiring the producer 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 producer or insurer. 2. a. Upon a determination by the commissioner that a surplus lines insurance producer, an eligible surplus lines insurer, or a nonadmitted insurer has engaged, is engaging, or isabout to engage in any act or practice constituting a violation of this chapter or a rule adoptedor order issued under this chapter, the commissioner may issue a summary order, includinga brief statement of findings of fact, conclusions of law, and policy reasons for the decision,and directing the producer or insurer to cease and desist mmissioner may issue a summary order, includinga brief statement of findings of fact, conclusions of law, and policy reasons for the decision,and directing the producer or insurer to cease and desist from engaging in the act or practiceor to take other affirmative action as is in the judgment of the commissioner necessary tocomply with the requirements of this chapter. b. A surplus lines insurance producer, an eligible surplus lines insurer, or a nonadmitted insurer to whom a summary order has been issued under this subsection may contest theorder by filing a request for a contested case proceeding and hearing as provided in chapter17A and in accordance with rules adopted by the commissioner. However, the producer orinsurer shall have at least thirty days from the date that the order is issued in order to file therequest. Section 17A.18A is inapplicable to a summary order issued under this subsection.If a hearing is not timely requested, the summary order becomes final by operation of law.The order shall remain effective from the date of issuance until the date the order becomesfinal by operation of law or is overturned by a presiding officer or court following a requestfor ion of law.The order shall remain effective from the date of issuance until the date the order becomesfinal by operation of law or is overturned by a presiding officer or court following a requestfor hearing. c. A surplus lines insurance producer, an eligible surplus lines insurer, or a nonadmitted insurer violating a summary order issued under this subsection shall be deemed in contemptof that order. The commissioner may petition the district court to enforce the order as certifiedby the commissioner. The district court shall find the producer or insurer in contempt of theorder if the court finds after hearing that the producer or insurer is not in compliance withthe order. The court may assess a civil penalty against the producer or insurer and may issuefurther orders as it deems appropriate. 3. A person acting as a surplus lines insurance producer, an eligible surplus lines insurer, or nonadmitted 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 a surplus lines insurance producer, an eligible surplus lines insurer, or nonadmitted insurer who willfully or order issued under this chapter, is guilty of a class 'D' felony. 4. A person acting as a surplus lines insurance producer, an eligible surplus lines insurer, or nonadmitted insurer who willfully violates any provision of this chapter, or any ruleadopted or order issued under this chapter, 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 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. 2012 Acts, ch 1025, §12, 22 Sat Dec 23 00:49:25 2023 Iowa Code 2024, Section 515I.12 (12, 0)
Iowa Legal Code