44-1528.

Practices; hearings; witnesses; appearances; production of books; service of process.

(1) Whenever the director has reason to believe that an insurer, health insurance lead generator, or person has engaged, or is engaging, in this state in any unfair trade practice whether or not defined in the Unfair Insurance Trade Practices Act and that a proceeding in respect thereto would be to the interest of the public, the director shall issue and serve upon such insurer, health insurance lead generator, or person a statement of the charges and a notice of a hearing to be held at a time and place stated in the notice, which shall be given not be less than ten days after the date of the service.

(2) At the time and place fixed for such hearing, such insurer, health insurance lead generator, or person shall have an opportunity to be heard and to show cause why an order should not be made by the director requiring such insurer, health insurance lead generator, or person to cease and desist from the acts or practices complained of. Upon good cause shown, the director shall permit any person to intervene, appear, and be heard at such hearing by counsel or in person.

(3) Nothing contained in the Unfair Insurance Trade Practices Act shall require the observance at a hearing of formal rules of pleading or evidence.

(4) The director, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, subpoena witnesses, compel attendance, and require the production of books, papers, records, correspondence, or other documents which the director deems relevant to the inquiry. The director may, and upon the request of any interested party shall, cause to be made a stenographic record of all evidence and proceedings had at such hearing. If no stenographic record is made and if a judicial review is sought, the director shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of a person to comply with a subpoena issued under this section or to testify with respect to any matter concerning which the person may be lawfully interrogated, the district court of Lancaster County or the county where such party resides, on application of the director, may require such person to comply with the subpoena and to testify, and a failure to obey such order of the court may be punished by the court as a contempt thereof.

(5) Statements of charges, notices, orders, and other processes of the director under the act may be served by a person duly authorized by the director, either in the manner provided by law for service of process in civil actions or by mailing a copy thereof to the person affected by such statement, notice, order, or other process at the person's residence or principal office or place of business by either certified or registered mail, return receipt requested. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of such service, shall be proof of the same, and the return receipt for such statement, notice, order, or other process, registered and mailed, shall be proof of the service of the same.