§ 27-29-5 - Hearings – Witnesses – Appearances – Production of books – Service of process. - Rhode Island Statutes

SECTION 27-29-5

   § 27-29-5  Hearings – Witnesses –Appearances – Production of books – Service of process. – (a) Whenever the insurance commissioner shall have reason to believe that anyperson engaged in the business of insurance in this state has been engaged oris engaging in this state in any unfair method of competition or any unfair ordeceptive act or practice, whether or not defined in this chapter, and that aproceeding by the commissioner in respect to the act or practice would be tothe interest of the public, the commissioner shall issue and serve upon theperson a statement of the charges in that respect and a notice of a hearing onthe charges requiring the person to appear in person at a time and place fixedin the notice which shall not be less than ten (10) days after the date of theservice of the notice, and notifying the person of his or her right to berepresented by counsel at the hearing.

   (b) At the time and place fixed for the hearing, the personshall have an opportunity to be heard in person and by counsel, and to showcause why an order should not be made by the insurance commissioner requiringthe person to cease and desist from the acts, methods, or practices socomplained of. Upon good cause shown the insurance commissioner shall permitany person to intervene, appear, and be heard at the hearing by counsel or inperson.

   (c) The insurance commissioner upon the hearing shall causeto be made a stenographic record of all of the evidence and all of theproceedings had at the hearing, and shall, upon request, furnish a copy of itto the person charged upon being reimbursed for the reasonable costs of therecord. The insurance commissioner, upon the hearing, may administer oaths,examine and cross examine witnesses, receive oral and documentary evidence, andshall have the power to subpoena witnesses, compel their attendance, andrequire the production of books, papers, records, correspondence, or otherdocuments which are relevant to the inquiry. In case of the refusal of anyperson to comply with any subpoena issued under this section or of any witnessto testify with respect to any matter concerning which he or she may belawfully interrogated, the superior court of Providence County, on applicationof the insurance commissioner, may issue an order requiring the person orwitness to comply with the subpoena and/or to testify, and any failure to obeythe order of the court may be punished by the court as contempt of court;provided, that the person charged shall not be required to testify or producebooks, papers, records, correspondence, or other documents, tending toincriminate him or her, and the person's refusal to testify or produce books,papers, records, correspondence, or other documents in the case shall notconstitute contempt nor be the basis for an application by the insurancecommissioner for an order requiring the person charged to testify or producebooks, papers, records, correspondence, or other documents; and provided that arefusal of the person charged to testify or produce books, papers, records,correspondence, or other documents shall be sufficient ground for thesuspension or revocation of any license the person has under the insurance lawsof this state in the discretion of the insurance commissioner.

   (d) Statements of charges, notices, orders, and otherprocesses of the insurance commissioner under this chapter may be served byanyone duly authorized by the insurance commissioner, either in the mannerprovided by law for service of process in civil actions, or by registering andmailing a copy of it to the person affected by the statement, notice, order, orother process at his or her or its residence or principal office or place ofbusiness. The verified return by the person serving the statement, notice,order, or other process setting forth the manner of the service shall be proofof the service, and the return postcard receipt for the statement, notice,order, or other process registered and mailed as stated in this subsectionshall be proof of the service of the process.