44-1528. Practices; hearings; witnesses; appearances; production of books; service of process.

(1) Whenever the director has reason to believe that any insurer 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 by him or her in respect thereto would be to the interest of the public, he or she shall issue and serve upon such insurer a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall not be less than ten days after the date of the service thereof.

(2) At the time and place fixed for such hearing, such insurer shall have an opportunity to be heard and to show cause why an order should not be made by the director requiring such insurer to cease and desist from the acts or practices so 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 any such 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 their attendance, and require the production of books, papers, records, correspondence, or other documents which he or she 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 the evidence and all the 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 any person to comply with any subpoena issued under this section or to testify with respect to any matter concerning which he or she 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 such subpoena and to testify, and any failure to obey any 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 anyone 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 his, her, or its 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.

Source:Laws 1973, LB 349, § 7; Laws 1991, LB 234, § 10.