Section 0780-01-54-.21 - CEASE AND DESIST ORDERS(1) Except as otherwise provided in Paragraph (2) of this Rule, after notice and opportunity for a hearing and in accordance with any statute specific to a given practice, the Commissioner may issue an order requiring a pool to cease and desist from engaging in any act or practice found to be in violation of any applicable statute or provision under the Tennessee Insurance Law, this Chapter, or any order of the Commissioner.(2) Whenever the Commissioner determines that a pool has been established or maintained in this State in violation of Rule 0780-01-54-.03, the Commissioner may issue a cease and desist order ex parte and without prior notice being given to the pool in accordance with T.C.A. § 56-2-304; provided, however, that the Commissioner shall provide the pool notice and the opportunity for hearing to challenge the issuance of the cease and desist order.(3) Any order issued pursuant to this Rule will be accompanied by a notice to the pool as to the right to have a hearing. All hearings conducted pursuant to this Chapter will be done in accordance with the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.(4) Without limitation on other remedies provided by law, upon finding that any person or pool has violated any final cease and desist order issued by the Commissioner, the Commissioner may seek enforcement of such order.Tenn. Comp. R. & Regs. 0780-01-54-.21
Original rule filed August 31, 2005; effective November 14, 2005.Authority: T.C.A. §§ 50-6-405(c) and (h), 56-2-105 and 56-2-302 through 56-2-304.