40 Pa. Stat. § 459.3

Current through P.A. Acts 2023-32
Section 459.3 - Proceedings in case of violations

Whenever the Insurance Commissioner has reason to believe that there is a violation of section three hundred thirty-seven, point one or section three hundred thirty-seven, point two of this act, he shall serve upon the insurance company, or the director concerned, a complaint setting forth the facts alleged to constitute such violation, with which complaint there shall be given a notice in writing of a time and place of a hearing before the Insurance Commissioner, to be held not less than thirty days after the service of such complaint, and requiring such insurance company or director to show cause why an order should not be made by the Insurance Commissioner directing such insurance company or director to cease and desist from such violation.

All hearings provided for in this section shall be conducted, and the decision of the Insurance Commissioner on the issue involved shall be rendered, in accordance with the provisions of the Administrative Agency Law approved, June fourth, one thousand nine hundred forty-five (Pamphlet Laws 1388), or any amendment thereof, relating to adjudication procedure.

If, upon such hearing, the Insurance Commissioner finds that there has been a violation of section three hundred thirty-seven, point one, or section three hundred thirty-seven, point two, of this act, he shall issue and cause to be served upon such insurance company or director an order reciting the facts found by him, and setting forth the respects in which there has been a violation of section three hundred thirty-seven, point one, or section three hundred thirty-seven, point two, of this act, and directing such insurance company or director to cease and desist from such violation.

40 P.S. § 459.3

1921, May 17, P.L. 628, art. III, § 337.3, added 1947, June 5, P.L. 443, § 1. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1048], effective 6/27/1978.