58-4-7. Cease and desist order to prevent violations of title--Injunction.
If the director of the Division of Insurance believes, from substantial evidence, that any person is violating or about to violate any provision of this title or any order or requirement of the director issued or promulgated pursuant to authority expressly granted by law, the director may issue a temporary cease and desist order pending a hearing pursuant to chapter 1-26. The order shall set the time and place for hearing not less than ten days nor more than twenty days from the date of the order. The director may also bring an action in the name of the state against such person to enjoin that person from continuing the violation or engaging therein, or doing any act in furtherance thereof. In such action an order or judgment may be entered awarding such temporary or permanent injunction as is proper.
Source: SL 1966, ch 111, ch 32, §6; SL 1978, ch 155, §25; SL 1985, ch 385, §1.
Structure South Dakota Codified Laws
Chapter 04 - Enforcement Powers And Proceedings
Section 58-4-5 - Enforcement proceedings instituted by director.
Section 58-4-6 - Proceedings instituted by director--Legal representation.
Section 58-4-7 - Cease and desist order to prevent violations of title--Injunction.
Section 58-4-9 - Hearings by director--Purpose.
Section 58-4-15 - Orders and notices of director required to be in writing--Signature.
Section 58-4-16 - Order of director--Effective date--Contents.
Section 58-4-17 - Service of orders and notices of director.
Section 58-4-18 - Prosecution of action for enforcement of director's order.
Section 58-4-25 - Formal rules of pleading or evidence not observed at director's hearing.
Section 58-4-28.1 - Money penalty in lieu of license suspension or other action--Hearing.
Section 58-4-39 - Standards for determining hazardous financial condition.
Section 58-4-40 - Authority of director in determining insurer's financial condition.
Section 58-4-41 - Director's order to hazardous insurer.
Section 58-4-42 - Hearings on director's orders.
Section 58-4-43 - Application of hazardous insurer provisions.
Section 58-4-45 - Confidentiality of certain documents.
Section 58-4-46 - Liability for release of information.
Section 58-4-48 - Minimum levels of risk-based capital required--Administrative rules.
Section 58-4-49 - Disclosure of status, existence, or outcome of investigation or examination.
Section 58-4-50 - Definitions.
Section 58-4-51 - Confidentiality of list of premium taxpayers--Violation as misdemeanor.
Section 58-4-53 - Disclosure of premium tax return and information to taxpayer.