NAIC Model Laws, Regulations, Guidelines and Other Resources—Summer 2008
© 2008 National Association of Insurance Commissioners
MO-880-11
Section 7. Hearings, Witnesses, Appearances, Production of Books, and Service of Process
A. Whenever the commissioner shall have reason to believe that any insurer, person, depository institution or
affiliate of a depository institution has been engaged or is engaging in this state in any unfair trade practice
whether or not defined in this Act, and that a proceeding by the commissioner in respect thereto would be in
the interest of the public, the commissioner shall issue and serve upon such insurer, person, depository
institution or affiliate of a depository institution, a statement of the charges in that respect and a notice of a
hearing thereon to be held at a time and place fixed in the notice, which shall not be less than [insert number]
days after the date of the service thereof. With respect to a depository institution, the commissioner’s
authority to call a hearing is limited to the depository institution’s insurance underwriting, sales, solicitation
and cross marketing activities. The commissioner shall provide a copy of the notice of hearing to the
appropriate federal banking agency when a depository institution is involved.
B. At the time and place fixed for the hearing, the insurer, person, depository institution or affiliate of a
depository institution shall have an opportunity to be heard and to show cause why an order should not be
made by the commissioner requiring the insurer, person, depository institution or affiliate of a depository
institution to cease and desist from the acts, methods or practices so complained of. Upon good cause shown,
the commissioner shall permit any person to intervene, appear and be heard at the hearing by counsel or in
person.
C. Nothing contained in this Act shall require the observance at the hearing of formal rules of pleading or
evidence.
D. The commissioner, at the hearing, may administer oaths, examine and cross examine witnesses, receive oral
and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and
require the production of books, papers, records, correspondence or other documents the commissioner
deems relevant to the inquiry, provided, however, that in the case of depository institutions, the commissioner
shall have the power to require the production of books, papers, records, correspondence or other documents
that the commissioner deems relevant to the inquiry only on the insurance activities of the depository
institution. The commissioner, may, and upon the request of any party, shall cause to be made a stenographic
record of all the evidence and all the proceedings at the hearing. If no stenographic record is made and if a
judicial review is sought, the commissioner shall prepare a statement of the evidence and proceeding for use
on review. In case of a refusal of any person to comply with any subpoena or to testify with respect to any
matter concerning which he may be lawfully interrogated, the [insert title] Court of [insert county] County
or the county where the person resides, on application of the commissioner, may issue an order requiring
such person to comply with the subpoena and to testify; and any failure to obey any order of the court may
be punished by the court as contempt.
E. Statements of charges, notices, orders and other processes of the commissioner under this Act may be served
by anyone duly authorized by the commissioner, either in the manner provided by law for service of process
in civil actions, or by registering and mailing a copy thereof to the person affected by the statement, notice,
order or other process at the person’s residence or principal office or place of business. The verified return
by the person so serving the statement, notice, order, or other process, setting forth the manner of service,
shall be proof of the same, and the return postcard receipt for the statement, notice, order or other process,
registered and mailed as specified, shall be proof of the service of the same.
Section 8. Cease and Desist and Penalty Orders
A. If, after a hearing, the commissioner finds that an insurer, person, depository institution or affiliate of a
depository institution has engaged in an unfair trade practice, the commissioner shall reduce the findings to
writing and shall issue and cause to be served upon the insurer, person, depository institution or affiliate of a
depository institution charged with the violation, a copy of the findings in an order requiring the insurer,
person, depository institution or affiliate of a depository institution to cease and desist from engaging in the
act or practice and the commissioner may, at the commissioner’s discretion order:
(1) Payment of a monetary penalty of not more than $1,000 for each violation, but not to exceed an
aggregate penalty of $100,000, unless the violation was committed flagrantly in a conscious
disregard of this Act, in which case the penalty shall not be more than $25,000 for each violation
not to exceed an aggregate penalty of $250,000; and/or