Section 5.08. Orders.

 

(1)   Issuance. If the office determines, based on its examination or investigation of a person regulated under ch. 153 , Stats. , or chs. 600 to 655 , Stats., that there is probable cause to believe that a person has violated any provisions of those chapters, a rule promulgated under those chapters or an order under s. 601.41 (4) (a) and 601.63 , 601.64 or 601.65 , Stats., the office may issue an order under s. 153.78 or 601.41 (4) (a) , Stats., or issue a notice of hearing under s. 601.62 , Stats., and s. Ins 5.12 , or both.

(2)   Contents of order.

(a) An order under s. 153.78 , Stats., or ss. 601.41 (4) (a) and 601.63 , 601.64 or 601.65 , Stats., shall be accompanied by notice of the right to a hearing under s. 601.62 (3) (a) , Stats., shall be captioned as provided in s. Ins 5.17 (1) and shall include all of the following:

1. The identity and, if known, the address of each respondent to whom the order is directed.

2. A statement of the facts constituting the basis for the order.

3. A reference to each statute, rule or order which each respondent allegedly violated.

4. A description of what the order requires each respondent to do.

5. The signature and title of the designated employee of the office who issued the order.

(b) An order under s. 631.20 (4) , Stats., disapproving a form filing shall be accompanied by notice of the right to a hearing under s. 601.62 (3) (a) , Stats., and shall include all of the following:

1. An explanation of why the form was not approved.

2. A reference to each statute or administrative rule relied on for the disapproval.

3. The signature of the employee of the office issuing the disapproval.

(3)   Summary orders.

(a) The office may issue any of the following:

1. A summary order under ss. 227.51 (3) and 628.10 (2) (b) , Stats., suspending an intermediary agent's license and ordering the agent to cease and desist from all activities of a licensed intermediary.

2. A summary order under s. 645.21 (2) , Stats., or a seizure order under s. 645.23 (1) , Stats., to an insurer.

3. A summary order under any other section of the statutes suspending a license issued by the office.

(b) A summary order shall take effect upon service under s. Ins 5.17 (3) or upon actual notice of the order to the respondent or the respondent's attorney, whichever is sooner, and shall continue in effect until the effective date of the final decision and order in any contested case proceeding arising out of the order.

(c) In addition to the requirements of sub. (2) , a summary order shall include all of the following:

1. A finding either that the public health, safety or welfare requires emergency action or that irreparable harm to the property or business of the insurer or to the interests of its policyholders, creditors or the public may occur unless the summary order is issued.

2. A statement that the order is in effect and remains in effect until the effective date of the final decision and order in any contested case proceeding arising out of the order unless otherwise ordered by the commissioner.

(d) The office shall simultaneously serve a notice of hearing under s. Ins 5.12 with a summary order under this subsection.

History: Cr. Register, March, 1996, No. 483 , eff. 4-1-96; corrections in (1) and (2) (a) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register January 2011 No. 661 .