Sec. 5. (a) Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in section 4 of this chapter and that a proceeding by him in respect thereto would be to the interest of the public, he shall issue and cause to be served upon such person a statement of the charges in that respect and a notice in writing of a hearing thereon to be held under IC 4-21.5-3.
(b) Whenever the hearing involves the claim, averment, or complaint of, or made by, a person who is not an investigator, deputy, examiner, or other employee of the department, a copy of the substance of such claim, averment, or complaint shall be included in or exhibited with such notice. The commissioner and department shall afford all interested persons or parties the right and opportunity for the settlement or adjustment of all claims, controversies, and issues when such persons or parties shall join in a request in writing for such opportunity.
Formerly: Acts 1947, c.112, s.5. As amended by P.L.252-1985, SEC.147; P.L.7-1987, SEC.145.
Structure Indiana Code
Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers
Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices
27-4-1-3. Prohibited Use of Unfair Methods of Competition and Deceptive Acts or Practices
27-4-1-4. Enumeration of Unfair Methods of Competition and Deceptive Acts and Practices
27-4-1-4.5. Enumeration of Unfair Claim Settlement Practices
27-4-1-5. Statement of Charges; Notice and Hearing; Intervention
27-4-1-6. Cease and Desist Order; Penalties
27-4-1-7. Judicial Review; Civil Enforcement Orders
27-4-1-10. Application of Other Laws
27-4-1-12. Violations; Penalties
27-4-1-13. Cumulative Powers and Remedies
27-4-1-15. Enforcement; Additional Personnel
27-4-1-17. Construction and Application