(a)The commissioner may issue a cease and desist order
if:
(i)It appears from specific facts shown by affidavit
that a person, as defined by W.S. 26-1-102(a)(xx), is engaging
in any act or practice prohibited under this code which is
causing or can be reasonably expected to cause significant,
imminent and irreparable injury to the insuring public; and
(ii)That the department has either discussed the
matter with the person or has made a good-faith attempt to do
so.
(b)Upon issuance of a cease and desist order, the
commissioner shall serve upon the person affected by the order,
by personal service as defined in rule 4 of the Wyoming Rules of
Civil Procedure, or by registered or certified mail, return
receipt requested, to the person's last known address, an order
specifically stating the
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(a) The commissioner may issue a cease and desist order
if:
(i) It appears from specific facts shown by affidavit
that a person, as defined by W.S. 26-1-102(a)(xx), is engaging
in any act or practice prohibited under this code which is
causing or can be reasonably expected to cause significant,
imminent and irreparable injury to the insuring public; and
(ii) That the department has either discussed the
matter with the person or has made a good-faith attempt to do
so.
(b) Upon issuance of a cease and desist order, the
commissioner shall serve upon the person affected by the order,
by personal service as defined in rule 4 of the Wyoming Rules of
Civil Procedure, or by registered or certified mail, return
receipt requested, to the person's last known address, an order
specifically stating the acts complained of and requiring the
person to immediately cease and desist from the act, methods or
practices stated. The cease and desist order shall have full
force and effect as soon as it is received unless stayed by the
commissioner pursuant to subsection (d) of this section. The
cease and desist order shall be of no effect at the end of the
second business day following its issuance unless the
commissioner shall have obtained a temporary restraining order,
pursuant to rule 65 of the Wyoming Rules of Civil Procedure or
the person receiving the order shall have stipulated that it
remain in effect pursuant to terms and conditions agreed upon by
the commissioner and that person. Thereafter, the commissioner
may seek such further orders of the court to enforce the cease
and desist order as he deems appropriate or necessary. If a
temporary restraining order is sought in accordance with this
subsection, the cease and desist order shall remain in effect
until the temporary restraining order or any extension thereof
is denied, or until the cease and desist order is modified or
stayed by an order of the court. The action seeking the
temporary restraining order shall be filed in the district court
for Laramie county or in the district court for the county in
which person affected by the order resides or has his principal
place of business.
(c) If the person affected by the cease and desist order
seeks to contest the order, the person shall request a hearing
before the commissioner not later than ten (10) days after the
date on which the person received the order. A request to
contest an order shall be in writing, served upon the
commissioner by personal service as defined in rule 4 of the
Wyoming Rules of Civil Procedure, or by registered or certified
mail, and shall state the grounds for the request to set aside
or modify the order.
(d) On receiving the request for a hearing, the
commissioner shall serve notice of the time and place of the
hearing at which the person requesting the hearing shall have
the opportunity to show cause why the order should not be
affirmed. The hearing shall be held within ten (10) days from
the date the request for hearing is received unless mutually
waived by the parties or continuance granted by the commissioner
for good cause. The cease and desist order shall continue in
full force and effect while the hearing is pending unless the
order is stayed by the commissioner.
(e) The hearing on the order shall be conducted according
to the procedures for contested cases under the Wyoming
Administrative Procedure Act.
(f) Within two (2) working days after the hearing, the
commissioner shall affirm, modify or set aside, in whole or in
part, the cease and desist order.
(g) A cease and desist order shall be final eleven (11)
days after the date the order is received by the person if a
hearing as provided by subsection (c) of this section is not
requested by the person affected by the order.
(h) Any person violating a cease and desist order issued
under this section shall be assessed a civil penalty as provided
by W.S. 26-1-107(b). If the commissioner reasonably believes
that a person has violated a cease and desist order issued under
this section, the commissioner may initiate judicial proceedings
to enjoin further violation of the order in the district court
for Laramie county or in the district court for the county in
which the person resides or has his principal place of business.
(j) The commissioner may promulgate reasonable rules and
regulations to carry out the purpose of this section.
(k) Any final order, ruling, finding, decision or other
act of the commissioner made pursuant to this chapter or this
section shall be subject to judicial review in accordance with
the Wyoming Administrative Procedure Act.