§ 27-29-7 - Judicial review of cease and desist orders. - Rhode Island Statutes

SECTION 27-29-7

   § 27-29-7  Judicial review of cease anddesist orders. – (a) Any person required by an order of the insurance commissioner under §27-29-6 to cease and desist from engaging in any unfair method of competitionor any unfair or deceptive act or practice may obtain a review of the order byfiling in the superior court of Providence County, within twenty (20) days fromthe date of service of the order, a written petition praying that the order ofthe insurance commissioner be set aside. A copy of the petition shall be servedupon the insurance commissioner, after which the insurance commissioner shallcertify and file in the court his or her transcript of the entire record in theproceeding, including all of the evidence taken and the report and order of theinsurance commissioner. Upon the filing of the petition and transcript, thecourt shall have jurisdiction of the proceeding and of the question determinedin it, shall determine whether the filing of the petition shall operate as astay of the order of the insurance commissioner, and shall have the power tomake and enter upon the pleadings, evidence, and proceedings set forth in thetranscript a decree modifying, affirming, or reversing the order of theinsurance commissioner, in whole or in part. The findings of the insurancecommissioner as to the facts, if supported by the weight of the evidence, shallbe conclusive.

   (b) To the extent that the order of the insurancecommissioner is affirmed, the court shall issue its own order commandingobedience to the terms of the order of the insurance commissioner. If eitherparty shall apply to the court for leave to adduce additional evidence, andshall show to the satisfaction of the court that the additional evidence ismaterial and that there were reasonable grounds for the failure to adduce theevidence in the proceeding before the insurance commissioner, the court mayorder the additional evidence to be taken before the insurance commissioner andto be adduced upon the hearing in the manner and upon the terms and conditionsas the court may deem proper. The insurance commissioner may modify his or herfindings of fact, or make new findings by reason of the additional evidencetaken, and the commissioner shall file the modified or new findings which ifsupported by competent evidence shall be conclusive, and the commissioner'srecommendation, if any, for the modification or setting aside of his or heroriginal order, with the return of the additional evidence.

   (c) A cease and desist order issued by the insurancecommissioner under § 27-29-6 shall become final:

   (1) Upon the expiration of the time allowed for filing apetition for review if no petition has been duly filed within that time, exceptthat the insurance commissioner may after this modify or set aside his or herorder to the extent provided in § 27-29-6(b); or

   (2) Upon the final decision of the court if the court directsthat the order of the insurance commissioner be affirmed or the petition forreview dismissed.

   (d) No order of the insurance commissioner under this chapteror order of a court to enforce the order of the insurance commissioner shall inany way relieve or absolve any person affected by the order from any liabilityunder any other laws of this state.