Wisconsin Administrative Code
Office of the Commissioner of Insurance
Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases
Subchapter III - Investigations; Orders Issued by Office; Form Filing Disapprovals
Section Ins 5.08 - Orders
Universal Citation: WI Admin Code § Ins 5.08
Current through February 24, 2025
(1) ISSUANCE. If the office determines, based on its examination or investigation of a person regulated under ch. 153, Stats., or chs. 600 to 655, Stats., that there is probable cause to believe that a person has violated any provisions of those chapters, a rule promulgated under those chapters or an order under s. 601.41(4) (a) and 601.63, 601.64 or 601.65, Stats., the office may issue an order under s. 153.78 or 601.41(4) (a), Stats., or issue a notice of hearing under s. 601.62, Stats., and s. Ins 5.12, or both.
(2) CONTENTS OF ORDER.
(a) An order under s.
153.78, Stats., or ss.
601.41(4) (a) and
601.63,
601.64 or
601.65,
Stats., shall be accompanied by notice of the right to a hearing under s.
601.62(3) (a), Stats., shall be captioned as provided
in s.
Ins 5.17(1) and shall include all of the
following:
1. The identity and, if known, the
address of each respondent to whom the order is directed.
2. A statement of the facts constituting the
basis for the order.
3. A reference
to each statute, rule or order which each respondent allegedly
violated.
4. A description of what
the order requires each respondent to do.
5. The signature and title of the designated
employee of the office who issued the order.
(b) An order under s.
631.20(4),
Stats., disapproving a form filing shall be accompanied by notice of the right
to a hearing under s.
601.62(3) (a), Stats., and shall include all of the
following:
1. An explanation of why the form
was not approved.
2. A reference to
each statute or administrative rule relied on for the disapproval.
3. The signature of the employee of the
office issuing the disapproval.
(3) SUMMARY ORDERS.
(a) The office may issue any of the
following:
1. A summary order under ss.
227.51(3) and
628.10(2) (b), Stats., suspending an intermediary
agent's license and ordering the agent to cease and desist from all activities
of a licensed intermediary.
2. A
summary order under s.
645.21(2),
Stats., or a seizure order under s.
645.23(1),
Stats., to an insurer.
3. A summary
order under any other section of the statutes suspending a license issued by
the office.
(b) A
summary order shall take effect upon service under s.
Ins 5.17(3) or upon actual notice of the
order to the respondent or the respondent's attorney, whichever is sooner, and
shall continue in effect until the effective date of the final decision and
order in any contested case proceeding arising out of the order.
(c) In addition to the requirements of sub.
(2), a summary order shall include all of the following:
1. A finding either that the public health,
safety or welfare requires emergency action or 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 summary order is issued.
2. A statement that the order is in effect
and remains in effect until the effective date of the final decision and order
in any contested case proceeding arising out of the order unless otherwise
ordered by the commissioner.
(d) The office shall simultaneously serve a
notice of hearing under s.
Ins 5.12 with a
summary order under this subsection.
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