38.2-219 - Violations; procedure; cease and desist orders.
§ 38.2-219. Violations; procedure; cease and desist orders.
A. Whenever the Commission has reason to believe that any person hascommitted a violation of this title or of any rule, regulation, or orderissued by the Commission under this title, it shall issue and serve an orderupon that person by certified or registered mail or in any other mannerpermitted by law. The order shall include a statement of the charges and anotice of a hearing on the charges to be held at a fixed time and place whichshall be at least ten days after the date of service of the notice. The ordershall require that person to show cause why an order should not be made bythe Commission directing the alleged offender to cease and desist from theviolation or to show cause why the Commission should not issue any otherappropriate order as the nature of the case and the interests of thepolicyholders, creditors, shareholders, or the public may require. At thehearing, that person shall have an opportunity to be heard in accordance withthe Commission's order. In all matters in connection with the charges orhearing, the Commission shall have the jurisdiction, power and authoritygranted or conferred upon it by Title 12.1 and, except as otherwise providedin this title, the procedure shall conform to and the right of appeal shallbe the same as that provided in Title 12.1.
B. If the Commission finds in the hearing that there is about to be or hasbeen a violation of this title, it may issue and serve upon any personcommitting the violation by certified or registered mail or in any othermanner permitted by law (i) an order reciting its findings and directing theperson to cease and desist from the violation or (ii) such other appropriateorder as the nature of the case and the interests of the policyholders,creditors, shareholders, or the public requires.
C. Any person who violates any order issued under subsection B of thissection may upon conviction be subject to one or both of the following:
1. Punishment as provided in § 38.2-218; or
2. The suspension or revocation of any license issued by the Commission.
(1952, c. 317, §§ 38.1-54, 38.1-55, 38.1-60 through 38.1-62; 1971, Ex. Sess.,c. 1; 1973, c. 505, § 38.1-178.7; 1977, c. 414, § 38.1-178.17; 1977, c. 529;1980, c. 404; 1982, c. 223, § 38.1-482.14:1; 1986, c. 562.)