                                 CODE OF VIRGINIA

VIOLATIONS; PROCEDURE; CEASE AND DESIST ORDERS (§ 38.2-219)

A. Whenever the Commission has reason to believe that any person has committed a
violation of this title or of any rule, regulation, or order issued by the
Commission under this title, it shall issue and serve an order upon that person
by certified or registered mail or in any other manner permitted by law. The
order shall include a statement of the charges and a notice of a hearing on the
charges to be held at a fixed time and place which shall be at least ten days
after the date of service of the notice. The order shall require that person to
show cause why an order should not be made by the Commission directing the
alleged offender to cease and desist from the violation or to show cause why the
Commission should not issue any other appropriate order as the nature of the
case and the interests of the policyholders, creditors, shareholders, or the
public may require. At the hearing, that person shall have an opportunity to be
heard in accordance with the Commission&#8217;s order. In all matters in
connection with the charges or hearing, the Commission shall have the
jurisdiction, power and authority granted or conferred upon it by Title 12.1
and, except as otherwise provided in this title, the procedure shall conform to
and the right of appeal shall be the same as that provided in Title 12.1.

B. If the Commission finds in the hearing that there is about to be or has been
a violation of this title, it may issue and serve upon any person committing the
violation by certified or registered mail or in any other manner permitted by
law (i) an order reciting its findings and directing the person to cease and
desist from the violation or (ii) such other appropriate order 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 this section
may upon conviction be subject to one or both of the following:

   1. Punishment as provided in &#xA7; 38.2-218; or

   2. The suspension or revocation of any license issued by the Commission.

HISTORY: 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.