§ 27-12A-9 — Administrative Cease and Desist Authority

Alabama § 27-12A-9

• Jurisdiction: Alabama
• Title 27: Insurance
• Ch. 12A: Insurance Fraud Investigation Unit and Crime Prevention Act
• Art. 1: Definitions and Crime of Insurance Fraud

Text

Whenever it appears to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the commissioner may, in the commissioner’s discretion, do either or both of the following:
(1) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice.
(2) Bring an action in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this chapter or any rule or order issued hereunder. Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. In addition, upon a proper showing by the commissioner, the court may enter an order of rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this chapter or any rule or order adopted or issued pursuant to this chapter. The commissioner shall not be required to post a bond.

Legislative History

(Act 2012-429, p. 1170, §2.)