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in connection therewith and to issue such writs or orders as are ancillary to its jurisdiction or necessary in its judgment to prevent injury to the public pendente lite; but the State of Nevada shall not be required to give security before the issuance of any such order or injunction under this section. If a stenographic record of the proceedings in the hearing before the Commissioner was made, a certified transcript thereof including all evidence taken and the report and findings shall be received in evidence in such action.
3. If the court finds that:
(a) The method of competition complained of is unfair or deceptive;
(b) The proceedings by the Commissioner with respect thereto are to the interest of the public; and
(c) The findings of the Commissioner are supported by the weight of the evidence,
it shall issue its order enjoining and restraining the continuance of such method of competition, act or practice.
4. Either party may appeal from such final judgment or order or decree of court in a like manner as provided for appeals in civil cases.
5. If the Commissioner’s report made under subsection 1 or order on hearing made under NRS 679B.360 does not charge a violation of NRS 686A.010 to 686A.310, inclusive, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in this Code for appeals from the Commissioner generally.
6. Upon violation of any injunction issued under this section, the Commissioner, after a hearing thereon, may impose the appropriate penalties provided for in NRS 686A.187.
(Added to NRS by 1971, 1693; A 1975, 1288)
NRS 686A.180 Service of process upon unauthorized insurers.
1. Service of all process, statements of charges and notices under NRS 686A.010 to 686A.310, inclusive, upon unauthorized insurers shall be made by delivering to and leaving with the Commissioner or some person in apparent charge of his office two copies thereof, or in the manner provided for by subsection 2 of NRS 685B.050 (service of process).
2. The Commissioner shall forward all such process, statements of charges and notices to the insurer in the manner provided in subsection 3 of NRS 685B.050.
3. No default shall be taken against any such unauthorized insurer until expiration of 30 days after the date of forwarding by the Commissioner under subsection 2, or date of service of process if under subsection 2 of NRS 685B.050.
4. NRS 685B.050 applies to all process, statements of charges and notices under this section.
(Added to NRS by 1971, 1694)
NRS 686A.183 Cease and desist orders and penalties for prohibited practices; modification and setting aside of Commissioner’s orders.
1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue his order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, he shall order him to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:
(a) If the person knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
(b) Suspension or revocation of the person’s license if he knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as he deems proper, modify or set aside, in whole or in part, any order issued by him under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest so requires.
(Added to NRS by 1975, 1284; A 1977, 432; 1993, 2394; 1997, 783)
NRS 686A.185 Review and finality of Commissioner’s orders.
1. An order issued by the Commissioner under NRS 686A.183 is subject to review pursuant to the provisions of NRS 679B.370.
2. An order issued by the Commissioner under NRS 686A.183 or 686A.187 shall become final:
(a) Upon the expiration of the time allowed for taking an appeal, if no petition for review has been duly filed within such time, except that the Commissioner may thereafter modify or set aside his order to the extent provided in subsection 3 of NRS 686A.183; or
(b) Upon the final decision of the court if the court directs that the order of the Commissioner be affirmed or the petition for review dismissed.
(Added to NRS by 1975, 1285)
NRS 686A.187 Penalties for violating cease and desist order. Any person who violates a cease and desist order of the Commissioner issued under NRS 686A.183, except one issued with respect to NRS 686A.170, is subject, in the discretion of the Commissioner, after notice and hearing and upon order of the Commissioner, to one or both of the following:
1. Payment of an administrative fine of not more than $5,000 for each and every violation.
2. Suspension or revocation of the license.
(Added to NRS by 1975, 1285)
NRS 686A.190 Interlocking ownership or management.
1. Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with any other provision of this Code, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create any monopoly therein.
2. Any person otherwise qualified may be a director of two or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create any monopoly.
(Added to NRS by 1971, 1694)
NRS 686A.200 Favored agent or insurer.
1. Except as otherwise provided in NRS 616B.710, no person shall require, directly or indirectly, or through any trustee, director, officer, agent or employee or affiliate, as a condition, agreement or understanding to selling or furnishing any other person any loan, or extension thereof, credit, sale, goods, property, contract, lease or service, that such other person shall place, continue (other than as to life insurance) or renew any policy of insurance of any kind through any particular agent, broker or insurer. No agent, broker or insurer shall knowingly participate in any such prohibited plan or transaction. No person shall fix a price charged for such thing or service, or discount from or rebate upon price, on the condition, agreement or understanding that any insurance is to be obtained through a particular agent, broker or insurer.
2. Subsection 1 does not prevent:
(a) The exercise by any such person upon a reasonable basis of any right to approve or disapprove of the insurer and representative to underwrite the insurance. Such basis shall relate only to the adequacy and terms of the cov
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