§ 83-54-27. Commissioner of Insurance authorized to conduct investigations of insurers and producers, to deny, suspend, or revoke certificates of authority or producer's licenses, and to impose civil penalties; judicial review of commissioner's orders.
(1) The commissioner may conduct investigations and/or examinations of insurers and producers to ensure compliance with the provisions of this chapter or any rule, regulation or order hereunder, as well as under any other applicable statutes or regulations.
(2) The commissioner may by order, deny, suspend or revoke an insurer's certificate of authority or a producer's license if the commissioner finds that such insurer or producer has violated any provision of this chapter.
(3) If the commissioner has reason to believe that any person or entity is engaging in any activity that would be a violation of this chapter or any rule promulgated under this chapter, the commissioner may issue an order directing that person or entity to cease and desist from committing the violations, impose a civil penalty for the violations, provide an equitable remedy for past violations, or any combination of these. Such order may be issued without prior notice if the commissioner makes a finding that such order is necessary for the protection of policyholders and that the public health, safety and welfare require the order to be issued without prior notice to affected parties. At any hearing or other proceeding conducted as a result of an order to cease and desist, pursuant to this chapter, the person or entity subject to the order shall be required to show cause why such order should be annulled, modified or confirmed.
(4) Whenever it appears to the commissioner that any person or entity has engaged or is about to engage in an act of practice constituting a violation of any provision of this chapter or any rule, regulation or order hereunder, the commissioner may, in the commissioner's discretion, bring an action in chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted.
(5) Additionally, upon a finding that any person or entity has violated a provision of this chapter, the commissioner may impose a civil penalty of not more than One Thousand Dollars ($1,000.00) for each violation, and may revoke, suspend or decline to renew any license of such person or entity to sell or issue insurance.
(6) Any person aggrieved by a final order of the commissioner under this chapter may obtain judicial review of the order in the Circuit Court of Hinds County by filing, within thirty (30) days of the issuance and service of such order, a written petition or complaint praying that said order be modified or set aside. A copy of such petition shall be served upon the commissioner, and the commissioner shall file a complete record of the proceedings with said court, which shall then have jurisdiction of the proceedings and questions determined therein.
Sources: Laws, 2001, ch. 307, § 14, eff from and after July 1, 2001.
§ 83-54-27. Commissioner of Insurance authorized to conduct investigations of insurers and producers, to deny, suspend, or revoke certificates of authority or producer's licenses, and to impose civil penalties; judicial review of commissioner's orders.
(1) The commissioner may conduct investigations and/or examinations of insurers and producers to ensure compliance with the provisions of this chapter or any rule, regulation or order hereunder, as well as under any other applicable statutes or regulations.
(2) The commissioner may by order, deny, suspend or revoke an insurer's certificate of authority or a producer's license if the commissioner finds that such insurer or producer has violated any provision of this chapter.
(3) If the commissioner has reason to believe that any person or entity is engaging in any activity that would be a violation of this chapter or any rule promulgated under this chapter, the commissioner may issue an order directing that person or entity to cease and desist from committing the violations, impose a civil penalty for the violations, provide an equitable remedy for past violations, or any combination of these. Such order may be issued without prior notice if the commissioner makes a finding that such order is necessary for the protection of policyholders and that the public health, safety and welfare require the order to be issued without prior notice to affected parties. At any hearing or other proceeding conducted as a result of an order to cease and desist, pursuant to this chapter, the person or entity subject to the order shall be required to show cause why such order should be annulled, modified or confirmed.
(4) Whenever it appears to the commissioner that any person or entity has engaged or is about to engage in an act of practice constituting a violation of any provision of this chapter or any rule, regulation or order hereunder, the commissioner may, in the commissioner's discretion, bring an action in chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted.
(5) Additionally, upon a finding that any person or entity has violated a provision of this chapter, the commissioner may impose a civil penalty of not more than One Thousand Dollars ($1,000.00) for each violation, and may revoke, suspend or decline to renew any license of such person or entity to sell or issue insurance.
(6) Any person aggrieved by a final order of the commissioner under this chapter may obtain judicial review of the order in the Circuit Court of Hinds County by filing, within thirty (30) days of the issuance and service of such order, a written petition or complaint praying that said order be modified or set aside. A copy of such petition shall be served upon the commissioner, and the commissioner shall file a complete record of the proceedings with said court, which shall then have jurisdiction of the proceedings and questions determined therein.
Sources: Laws, 2001, ch. 307, § 14, eff from and after July 1, 2001.
§ 83-54-27. Commissioner of Insurance authorized to conduct investigations of insurers and producers, to deny, suspend, or revoke certificates of authority or producer's licenses, and to impose civil penalties; judicial review of commissioner's orders.
(1) The commissioner may conduct investigations and/or examinations of insurers and producers to ensure compliance with the provisions of this chapter or any rule, regulation or order hereunder, as well as under any other applicable statutes or regulations.
(2) The commissioner may by order, deny, suspend or revoke an insurer's certificate of authority or a producer's license if the commissioner finds that such insurer or producer has violated any provision of this chapter.
(3) If the commissioner has reason to believe that any person or entity is engaging in any activity that would be a violation of this chapter or any rule promulgated under this chapter, the commissioner may issue an order directing that person or entity to cease and desist from committing the violations, impose a civil penalty for the violations, provide an equitable remedy for past violations, or any combination of these. Such order may be issued without prior notice if the commissioner makes a finding that such order is necessary for the protection of policyholders and that the public health, safety and welfare require the order to be issued without prior notice to affected parties. At any hearing or other proceeding conducted as a result of an order to cease and desist, pursuant to this chapter, the person or entity subject to the order shall be required to show cause why such order should be annulled, modified or confirmed.
(4) Whenever it appears to the commissioner that any person or entity has engaged or is about to engage in an act of practice constituting a violation of any provision of this chapter or any rule, regulation or order hereunder, the commissioner may, in the commissioner's discretion, bring an action in chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted.
(5) Additionally, upon a finding that any person or entity has violated a provision of this chapter, the commissioner may impose a civil penalty of not more than One Thousand Dollars ($1,000.00) for each violation, and may revoke, suspend or decline to renew any license of such person or entity to sell or issue insurance.
(6) Any person aggrieved by a final order of the commissioner under this chapter may obtain judicial review of the order in the Circuit Court of Hinds County by filing, within thirty (30) days of the issuance and service of such order, a written petition or complaint praying that said order be modified or set aside. A copy of such petition shall be served upon the commissioner, and the commissioner shall file a complete record of the proceedings with said court, which shall then have jurisdiction of the proceedings and questions determined therein.
Sources: Laws, 2001, ch. 307, § 14, eff from and after July 1, 2001.
