Unfair Practices

Cal. INS § 790.05

California Statutes

Whenever the commissioner shall have reason to believe that a 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 790.03, and that a proceeding by the commissioner in respect thereto would be to the interest of the public, he or she shall issue and serve upon that person an order to show cause containing a statement of the charges in that respect, a statement of that person’s potential liability under

Section 790.035, and a notice of a hearing thereon to be held at a time and place fixed therein, which shall not be less than days after the service thereof, for the purpose of determining whether the commissioner should issue an order to that person to, pay the penalty imposed by

Section 790.035, and to cease and desist those methods, acts, or practices or any of them. If the charges or any of them are found to be justified the commissioner shall issue and cause to be served upon that person an order requiring that person to pay the penalty imposed by

Section 790.035 and to cease and desist from engaging in those methods, acts, or practices found to be unfair or deceptive. The hearing shall be conducted in accordance with the Administrative Procedure Act,

Chapter 5 (commencing at

Section 11500) of Part of Division of Title of the Government Code, except that the hearings may be conducted by an administrative law judge in the administrative law bureau when the proceedings involve a common question of law or fact with another proceeding arising under other Insurance Code sections that may be conducted by administrative law bureau administrative law judges. The commissioner and the appointed administrative law judge shall have all the powers granted under the Administrative Procedure Act. The person shall be entitled to have the proceedings and the order reviewed by means of any remedy provided by

Section of this code or by the Administrative Procedure Act.

Document details

CollectionCalifornia Statutes
CitationCal. INS § 790.05
Date2003-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierINS790.05.20027092

Unfair Practices

Cal. INS § 790.05

California Statutes

Unfair Practices

Cal. INS § 790.05

California Statutes

Whenever the commissioner shall have reason to believe that a 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 790.03, and that a proceeding by the commissioner in respect thereto would be to the interest of the public, he or she shall issue and serve upon that person an order to show cause containing a statement of the charges in that respect, a statement of that person’s potential liability under

Section 790.035, and a notice of a hearing thereon to be held at a time and place fixed therein, which shall not be less than days after the service thereof, for the purpose of determining whether the commissioner should issue an order to that person to, pay the penalty imposed by

Section 790.035, and to cease and desist those methods, acts, or practices or any of them. If the charges or any of them are found to be justified the commissioner shall issue and cause to be served upon that person an order requiring that person to pay the penalty imposed by

Section 790.035 and to cease and desist from engaging in those methods, acts, or practices found to be unfair or deceptive. The hearing shall be conducted in accordance with the Administrative Procedure Act,

Chapter 5 (commencing at

Section 11500) of Part of Division of Title of the Government Code, except that the hearings may be conducted by an administrative law judge in the administrative law bureau when the proceedings involve a common question of law or fact with another proceeding arising under other Insurance Code sections that may be conducted by administrative law bureau administrative law judges. The commissioner and the appointed administrative law judge shall have all the powers granted under the Administrative Procedure Act. The person shall be entitled to have the proceedings and the order reviewed by means of any remedy provided by

Section of this code or by the Administrative Procedure Act.

Document details

CollectionCalifornia Statutes
CitationCal. INS § 790.05
Date2003-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierINS790.05.20027092
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