2006 Minnesota Statutes

60B.11 COMMISSIONER'S SUMMARY ORDERS.
    Subdivision 1. Summary order after hearing. Whenever the commissioner has reasonable
cause to believe, and determines, after a hearing held as prescribed in subdivision 3, that any
insurer has committed or engaged in, or is committing or engaging in or is about to commit or
engage in any act, practice, or transaction that would subject it to formal delinquency proceedings
under sections 60B.01 to 60B.61, the commissioner may make and serve upon the insurer and any
other persons involved such orders other than seizure orders under sections 60B.12 and 60B.13 as
are reasonably necessary to correct, eliminate, or remedy such conduct, condition, or ground.
    Subd. 2. Summary order before hearing. If the conditions of subdivision 1 are satisfied, and
if it appears to the commissioner that irreparable harm to the property or business of the insurer or
to the interests of its policyholders, creditors, or the public may occur unless the commissioner
issues with immediate effect the orders described in subdivision 1, the commissioner may make
and serve such orders without notice and before hearing, simultaneously serving upon the insurer
notice of the hearing upon such order.
    Subd. 3. Service, notice, hearing. The notice of hearing under subdivision 1 or 2 and the
summary order issued under subdivision 1 or 2 shall be served personally or by sending a copy of
such notice of order by prepaid certified mail. The notice of hearing under subdivision 1 shall state
the time and place of hearing, and the conduct, condition, or ground upon which the commissioner
would base an order; the notice of hearing under subdivision 2 shall state the time and place of
hearing. Unless mutually agreed between the commissioner and the insurer, the hearing shall occur
not less than ten days nor more than 30 days after notice is served and shall be either in Ramsey
County or in some other place convenient to the parties to be designated by the commissioner.
    Subd. 4. Judicial relief. If the commissioner issues a summary order before hearing under
subdivision 2, the insurer may at any time waive the commissioner's hearing and the summary
decision shall be treated as a final decision in a contested case under chapter 14, and the insurer
may apply for immediate judicial relief by means of any remedy afforded by law without first
exhausting administrative remedies. Subsequent to a hearing the insurer or any person whose
interests are substantially affected shall be entitled to judicial review in accordance with chapter
14 of any order issued by the commissioner.
    Subd. 5. Sanction. If any person has violated any order issued under this section which as
to that person was then still in effect, that person shall be liable to forfeit a sum not to exceed
$10,000. The penalty shall be imposed and collected in an action brought by the attorney general
and shall be paid into the state treasury to the credit of the general fund.
    Subd. 6. Enforcement by injunction. The commissioner may apply for and any court of
general jurisdiction may grant, under the relevant sections of Minnesota Rules of Civil Procedure,
such restraining orders, temporary and permanent injunctions, and other orders as are deemed
necessary to enforce a summary order.
History: 1969 c 399 s 1; 1969 c 708 s 11; 1978 c 674 s 60; 1982 c 424 s 130; 1986 c 444