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'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 § 38.2-218; or
2. The suspension or revocation of any license issued by the Commission.
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.
Structure Code of Virginia
Chapter 2 - Provisions of a General Nature
§ 38.2-200. General powers of the Commission relative to insurance
§ 38.2-201. Recommendations by Commission to General Assembly
§ 38.2-202. Regulation of solicitation of proxies, consents and authorizations
§ 38.2-203. Management and exclusive agency contracts subject to approval by Commission
§ 38.2-205.1. Temporary contracts of insurance permitted
§ 38.2-206. Corporations as members of mutual insurers
§ 38.2-207. Enforcement of right of subrogation in name of insured
§ 38.2-208. Limitation of risks generally
§ 38.2-209. Award of insured's attorney fees in certain cases
§ 38.2-210. Loans to officers, directors, etc., prohibited
§ 38.2-211. Other interests and payments to officers, directors, etc., prohibited
§ 38.2-212. Certain compensation not prohibited
§ 38.2-213. Violation of § 38.2-210 or § 38.2-211
§ 38.2-214. Restrictions upon purchase and sale of equity securities of domestic stock insurers
§ 38.2-216. Restrictions on removal or transfer of property and on reinsurance; penalty
§ 38.2-217. When assets may not be distributed among stockholders
§ 38.2-218. Penalties and restitution payments
§ 38.2-219. Violations; procedure; cease and desist orders
§ 38.2-221. Enforcement of penalties
§ 38.2-221.1. Confidentiality of information
§ 38.2-221.2. Treatment of confidential information pursuant to federal law
§ 38.2-221.3. Confidentiality of applications and investigations
§ 38.2-223. Rules and regulations; orders
§ 38.2-225. Disposition of fines and penalties
§ 38.2-226. Provisions of title not to apply to certain mutual aid associations
§ 38.2-226.2. Provisions of title not applicable to certain long-term care health plans
§ 38.2-227. Public policy regarding punitive damages
§ 38.2-228. Proof of future financial responsibility
§ 38.2-229. Immunity from liability
§ 38.2-230. Distributions by nonstock corporation
§ 38.2-234. Release of information
§ 38.2-235. Liability insurance; carbon monoxide exclusions