417:12 Procedure as to Undefined Unfair Acts and Practices. –
I. Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in RSA 417:4 nor which has been determined pursuant to this section to be an unfair method of competition, or an unfair or deceptive act or practice in the business of insurance and that such method of competition is unfair or that such act or practice is unfair or deceptive, and that a proceeding by the commissioner in respect thereto would be in the public interest, the commissioner shall issue and serve upon such person a statement of the charges and a notice of hearing to be held at a time and place fixed in the notice, which shall not be less than 10 days after the date of the service of the notice. The notice of the hearing may be in the form of a notice to show cause, stating the proposed action to be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
II. At the expiration of the period set forth in the show cause order issued pursuant to paragraph I, or if after such hearing, the commissioner shall determine that the method of competition or the act or practice in question is in violation of this chapter and if such method of competition, act, or practice has not been discontinued, the commissioner shall reduce the findings to writing and shall issue and cause to be served on the person charged with the violation an order requiring such person to cease and desist from engaging in such method of competition, act or practice.
III. Upon showing by any person that such person has an interest likely to be affected adversely, the commissioner shall permit such person to intervene, appear and be heard at such hearing by counsel or in person.
IV. An order of the commissioner to cease and desist shall become final:
(a) Upon the expiration of the period set forth in the show cause order; or
(b) Upon receipt of the order by the person involved.
V. Any party aggrieved by any order or decision of the insurance commissioner pursuant to this section shall be entitled to an appeal in accordance with the provisions of RSA 541.