documents.
1.Whenever the commissioner believes that any person has been engaged or is engaging
in this state in any unfair method of competition or any unfair or deceptive act or practice
whether or not defined in section 507B.4, 507B.4A, or 507B.5 and that a proceeding by the
commissioner in respect to such method of competition or unfair or deceptive act or practice
would be in the public interest, the commissioner shall issue and serve upon such person a
statement of the charges in that respect and a notice of a hearing on such charges to be held
at a time and place fixed in the notice, which shall not be less than ten days after the date of
the service of such notice.
2.At the time and place fixed for such hearing, such person shall have an opportunity to
11 INSURANCE TRADE PRACTICE
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documents.
1. Whenever the commissioner believes that any person has been engaged or is engaging
in this state in any unfair method of competition or any unfair or deceptive act or practice
whether or not defined in section 507B.4, 507B.4A, or 507B.5 and that a proceeding by the
commissioner in respect to such method of competition or unfair or deceptive act or practice
would be in the public interest, the commissioner shall issue and serve upon such person a
statement of the charges in that respect and a notice of a hearing on such charges to be held
at a time and place fixed in the notice, which shall not be less than ten days after the date of
the service of such notice.
2. At the time and place fixed for such hearing, such person shall have an opportunity to
11 INSURANCE TRADE PRACTICES, §507B.6A
be heard and to show cause why an order should not be made by the commissioner requiring
such person 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 such hearing by counsel or in person.
3. Nothing contained in this chapter shall require the observance at any such hearing of
formal rules of pleading or evidence.
4. The commissioner, upon such hearing, may administer oaths, examine and
cross-examine witnesses, receive oral and documentary evidence, and shall have the power
tosubpoenawitnesses, compeltheirattendance, andrequiretheproductionofbooks, papers,
records, correspondence, or other documents which the commissioner deems relevant to
the inquiry. The commissioner, upon such hearing, may, and upon the request of any party
shall, cause to be made a stenographic record of all the evidence and all the proceedings
had at such 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 issued hereunder or to testify
with respect to any matter concerning which the person may be lawfully interrogated, the
district court of Polk county or the county where such party resides, on application of the
commissioner, may issue an order requiring such person to comply with such subpoena and
to testify; and any failure to obey any such order of the court may be punished by the court
as a contempt thereof.
5. Statements of charges, notices, orders, subpoenas, and other processes of the
commissioner under this chapter may be served by anyone authorized by the commissioner,
either in the manner provided by law for service of process in civil actions, or by mailing
a copy by restricted certified mail to the person affected by the statement, notice, order,
subpoena, or other process at the person’s residence or principal office or place of business.
The verified return by the person serving the statement, notice, order, subpoena, or other
process, setting forth the manner of such service, shall be proof of service, and the return
receipt for the statement, notice, order, subpoena, or other process, mailed by restricted
certified mail, shall be proof of the service.