1065.1. Whenever the commissioner has reasonable cause to believe,
and determines, after a public hearing, that any person specified in
Section 1010 is conducting its business and affairs in such a manner
as to threaten to render it insolvent, or that it is in a hazardous
condition, or is conducting its business and affairs in a manner
which is hazardous to its policyholders, creditors or the public, or
that it has committed or engaged in, or is committing or engaging in,
any act, practice, or transaction which under any provision of this
code would constitute ground rendering the person subject to
conservation or liquidation proceedings, he may make and serve upon
the person such order or orders as shall be reasonably necessary to
correct, eliminate or remedy such conduct, condition or ground.
The commissioner shall serve notice of any hearing required by
this article upon the person, stating the time and place therefor,
and the conduct, condition or ground upon which the commissioner
would make his order. The hearing shall occur not less than 20 nor
more than 30 days after notice is served upon the person.
1065.2. (a) Whenever it appears to the commissioner that any
conduct, condition or ground set forth in Section 1065.1 exists, and
that irreparable loss and injury to the property and business of a
person specified in Section 1010 has occurred or may occur unless the
commissioner acts immediately, the commissioner may, without notice,
and before hearing, issue and cause to be served upon such person an
order requiring such person to forthwith cease and desist from
engaging further in the acts, practices or transactions which are
causing such conduct, condition or ground to exist.
(b) At the same time an order is served pursuant to subdivision
(a) of this section, the commissioner shall issue and also serve upon
the person a notice of hearing to be held at a time and place fixed
therein which shall not be less than 20 or more than 30 days after
the service thereof. The notice shall contain a statement of the
conduct, condition or ground which the commissioner deems violative
of the provisions of Section 1065.1.
(c) At any time prior to the commencement of a hearing as provided
in Section 1065.1 or subdivision (b) of this section, the person may
waive the hearing and have judicial review of the order by means of
any remedy afforded by law without first exhausting administrative
remedies or procedures.
1065.3. If, after hearing as provided by Section 1065.1 or
subdivision (b) of Section 1065.2, any of the statements as to
conduct, conditions, or grounds in the notice are found to be true,
the commissioner shall make an order or orders as may be reasonably
necessary to correct, eliminate, or remedy the conduct, conditions,
or grounds. As part of the order or orders, the commissioner may also
order the person to whom the order is directed to fully reimburse
the commissioner for the commissioner's costs in investigating,
examining, and prosecuting the matter. An order of reimbursement
shall be enforced as provided in Section 1065.5.
1065.4. Any person subject to an order or proceeding pursuant to
this article shall be entitled to judicial review of the order or
proceeding by means of any remedy afforded by law. Proceedings for
judicial review shall be commenced within 60 days from the making and
service of any order issued pursuant to Sections 1065.1 or 1065.3.
1065.5. If any person violates or fails to comply with any order of
the commissioner or any part thereof which as to such person has
become final and is still in effect, the commissioner may, after a
hearing, notice of which shall be given in accordance with the
provisions of Section 1065.1, at which it is determined that a
violation of such order has been committed, further order that:
(a) Such person shall forfeit and pay to the State of California a
sum not to exceed one hundred dollars ($100) per day for each and
every day that such violation or failure to comply shall continue,
but in no event to exceed a maximum amount of five thousand dollars
($5,000). Such liability shall be enforced in an action brought in
any court of competent jurisdiction by the commissioner in the name
of the people of the State of California; and that
(b) Proceedings be commenced to revoke or suspend any license or
certificate of authority held by such person under this code, in
accordance with the procedures provided therefor.
1065.6. The powers vested in the commissioner by this article shall
be additional to any and all other powers and remedies vested in the
commissioner by law, and nothing herein shall be construed as
requiring that the commissioner shall employ the powers conferred
herein instead of or as a condition precedent to the exercise of any
other power or remedy vested in the commissioner.
1065.7. Any order or notice of the commissioner hereunder may be
served on any person, in the same manner and with the same effect as
provided for in civil actions in a superior court of this state.
1065.1. Whenever the commissioner has reasonable cause to believe,
and determines, after a public hearing, that any person specified in
Section 1010 is conducting its business and affairs in such a manner
as to threaten to render it insolvent, or that it is in a hazardous
condition, or is conducting its business and affairs in a manner
which is hazardous to its policyholders, creditors or the public, or
that it has committed or engaged in, or is committing or engaging in,
any act, practice, or transaction which under any provision of this
code would constitute ground rendering the person subject to
conservation or liquidation proceedings, he may make and serve upon
the person such order or orders as shall be reasonably necessary to
correct, eliminate or remedy such conduct, condition or ground.
The commissioner shall serve notice of any hearing required by
this article upon the person, stating the time and place therefor,
and the conduct, condition or ground upon which the commissioner
would make his order. The hearing shall occur not less than 20 nor
more than 30 days after notice is served upon the person.
1065.2. (a) Whenever it appears to the commissioner that any
conduct, condition or ground set forth in Section 1065.1 exists, and
that irreparable loss and injury to the property and business of a
person specified in Section 1010 has occurred or may occur unless the
commissioner acts immediately, the commissioner may, without notice,
and before hearing, issue and cause to be served upon such person an
order requiring such person to forthwith cease and desist from
engaging further in the acts, practices or transactions which are
causing such conduct, condition or ground to exist.
(b) At the same time an order is served pursuant to subdivision
(a) of this section, the commissioner shall issue and also serve upon
the person a notice of hearing to be held at a time and place fixed
therein which shall not be less than 20 or more than 30 days after
the service thereof. The notice shall contain a statement of the
conduct, condition or ground which the commissioner deems violative
of the provisions of Section 1065.1.
(c) At any time prior to the commencement of a hearing as provided
in Section 1065.1 or subdivision (b) of this section, the person may
waive the hearing and have judicial review of the order by means of
any remedy afforded by law without first exhausting administrative
remedies or procedures.
1065.3. If, after hearing as provided by Section 1065.1 or
subdivision (b) of Section 1065.2, any of the statements as to
conduct, conditions, or grounds in the notice are found to be true,
the commissioner shall make an order or orders as may be reasonably
necessary to correct, eliminate, or remedy the conduct, conditions,
or grounds. As part of the order or orders, the commissioner may also
order the person to whom the order is directed to fully reimburse
the commissioner for the commissioner's costs in investigating,
examining, and prosecuting the matter. An order of reimbursement
shall be enforced as provided in Section 1065.5.
1065.4. Any person subject to an order or proceeding pursuant to
this article shall be entitled to judicial review of the order or
proceeding by means of any remedy afforded by law. Proceedings for
judicial review shall be commenced within 60 days from the making and
service of any order issued pursuant to Sections 1065.1 or 1065.3.
1065.5. If any person violates or fails to comply with any order of
the commissioner or any part thereof which as to such person has
become final and is still in effect, the commissioner may, after a
hearing, notice of which shall be given in accordance with the
provisions of Section 1065.1, at which it is determined that a
violation of such order has been committed, further order that:
(a) Such person shall forfeit and pay to the State of California a
sum not to exceed one hundred dollars ($100) per day for each and
every day that such violation or failure to comply shall continue,
but in no event to exceed a maximum amount of five thousand dollars
($5,000). Such liability shall be enforced in an action brought in
any court of competent jurisdiction by the commissioner in the name
of the people of the State of California; and that
(b) Proceedings be commenced to revoke or suspend any license or
certificate of authority held by such person under this code, in
accordance with the procedures provided therefor.
1065.6. The powers vested in the commissioner by this article shall
be additional to any and all other powers and remedies vested in the
commissioner by law, and nothing herein shall be construed as
requiring that the commissioner shall employ the powers conferred
herein instead of or as a condition precedent to the exercise of any
other power or remedy vested in the commissioner.
1065.7. Any order or notice of the commissioner hereunder may be
served on any person, in the same manner and with the same effect as
provided for in civil actions in a superior court of this state.
1065.1. Whenever the commissioner has reasonable cause to believe,
and determines, after a public hearing, that any person specified in
Section 1010 is conducting its business and affairs in such a manner
as to threaten to render it insolvent, or that it is in a hazardous
condition, or is conducting its business and affairs in a manner
which is hazardous to its policyholders, creditors or the public, or
that it has committed or engaged in, or is committing or engaging in,
any act, practice, or transaction which under any provision of this
code would constitute ground rendering the person subject to
conservation or liquidation proceedings, he may make and serve upon
the person such order or orders as shall be reasonably necessary to
correct, eliminate or remedy such conduct, condition or ground.
The commissioner shall serve notice of any hearing required by
this article upon the person, stating the time and place therefor,
and the conduct, condition or ground upon which the commissioner
would make his order. The hearing shall occur not less than 20 nor
more than 30 days after notice is served upon the person.
1065.2. (a) Whenever it appears to the commissioner that any
conduct, condition or ground set forth in Section 1065.1 exists, and
that irreparable loss and injury to the property and business of a
person specified in Section 1010 has occurred or may occur unless the
commissioner acts immediately, the commissioner may, without notice,
and before hearing, issue and cause to be served upon such person an
order requiring such person to forthwith cease and desist from
engaging further in the acts, practices or transactions which are
causing such conduct, condition or ground to exist.
(b) At the same time an order is served pursuant to subdivision
(a) of this section, the commissioner shall issue and also serve upon
the person a notice of hearing to be held at a time and place fixed
therein which shall not be less than 20 or more than 30 days after
the service thereof. The notice shall contain a statement of the
conduct, condition or ground which the commissioner deems violative
of the provisions of Section 1065.1.
(c) At any time prior to the commencement of a hearing as provided
in Section 1065.1 or subdivision (b) of this section, the person may
waive the hearing and have judicial review of the order by means of
any remedy afforded by law without first exhausting administrative
remedies or procedures.
1065.3. If, after hearing as provided by Section 1065.1 or
subdivision (b) of Section 1065.2, any of the statements as to
conduct, conditions, or grounds in the notice are found to be true,
the commissioner shall make an order or orders as may be reasonably
necessary to correct, eliminate, or remedy the conduct, conditions,
or grounds. As part of the order or orders, the commissioner may also
order the person to whom the order is directed to fully reimburse
the commissioner for the commissioner's costs in investigating,
examining, and prosecuting the matter. An order of reimbursement
shall be enforced as provided in Section 1065.5.
1065.4. Any person subject to an order or proceeding pursuant to
this article shall be entitled to judicial review of the order or
proceeding by means of any remedy afforded by law. Proceedings for
judicial review shall be commenced within 60 days from the making and
service of any order issued pursuant to Sections 1065.1 or 1065.3.
1065.5. If any person violates or fails to comply with any order of
the commissioner or any part thereof which as to such person has
become final and is still in effect, the commissioner may, after a
hearing, notice of which shall be given in accordance with the
provisions of Section 1065.1, at which it is determined that a
violation of such order has been committed, further order that:
(a) Such person shall forfeit and pay to the State of California a
sum not to exceed one hundred dollars ($100) per day for each and
every day that such violation or failure to comply shall continue,
but in no event to exceed a maximum amount of five thousand dollars
($5,000). Such liability shall be enforced in an action brought in
any court of competent jurisdiction by the commissioner in the name
of the people of the State of California; and that
(b) Proceedings be commenced to revoke or suspend any license or
certificate of authority held by such person under this code, in
accordance with the procedures provided therefor.
1065.6. The powers vested in the commissioner by this article shall
be additional to any and all other powers and remedies vested in the
commissioner by law, and nothing herein shall be construed as
requiring that the commissioner shall employ the powers conferred
herein instead of or as a condition precedent to the exercise of any
other power or remedy vested in the commissioner.
1065.7. Any order or notice of the commissioner hereunder may be
served on any person, in the same manner and with the same effect as
provided for in civil actions in a superior court of this state.
