§ 58-28-20. Cease and desist orders; judicial review.
§ 58‑28‑20. Ceaseand desist orders; judicial review.
(a) Whenever theCommissioner has reasonable grounds to believe that any person is violating oris about to violate G.S. 58‑28‑5, 58‑28‑45, or 58‑33‑95,the Commissioner may, after notice and opportunity for hearing, make writtenfindings and issue and cause to be served upon the person an order to cease anddesist violating G.S. 58‑28‑5, 58‑28‑45, or 58‑33‑95.
(b) Until theexpiration of the time allowed under G.S. 58‑2‑75 for filing apetition for review, the Commissioner may at any time, upon notice and in amanner the Commissioner considers proper, modify or set aside in whole or inpart any order issued by the Commissioner under this section as follows:
(1) Any time before theexpiration of the time allowed for seeking judicial review, if no petition forreview has been filed; or
(2) If a petition forreview has been timely filed, until the transcript of the record in theproceeding has been filed with the Court.
(c) If no petition forjudicial review has been filed within the time provided under G.S. 58‑2‑75,the Commissioner may at any time, after notice and opportunity for hearing,reopen and alter, modify, or set aside, in whole or in part, any order issuedby the Commissioner under this section, whenever in the Commissioner's opinionconditions of fact or of law have so changed as to require such action or ifthe public interest requires.
(d) Whenever theCommissioner has evidence that any person has or is violating G.S. 58‑28‑5or G.S. 58‑28‑45, or has or is violating any order or requirementof the Commissioner issued by the Commissioner under this Article, and that theinterests of policyholders, creditors, or the public may be irreparably harmedby delay, the Commissioner may issue an emergency cease and desist order thatshall become effective on the date specified in the order or upon service of acertified copy of the order upon the person ordered to cease and desist,whichever is later. The emergency cease and desist order shall also include anotice of hearing, which shall be conducted as provided under Article 3A ofChapter 150B of the General Statutes. However, the person ordered to cease anddesist under this subsection may request and shall be granted an expeditedreview of the order. The emergency order shall remain in effect prior to andduring the proceedings, unless modified by the Commissioner as provided undersubsection (b) of this section.
(e) Any person requiredto cease and desist violating G.S. 58‑28‑5 by an order issued afternotice and a hearing under subsection (a) or (d) of this section may seekjudicial review of that order under G.S. 58‑2‑75. (1967, c. 909, s. 1; 1987, c.864, s. 61; 1989, c. 485, s. 14; 1999‑294, s. 6; 2005‑217, s. 1;2007‑305, ss. 2, 3.)