(1) The commissioner may issue an emergency cease-and-desist order ex parte if: (a) The commissioner believes that: (I) An unauthorized person is engaging in the business of insurance in violation of section 10-3-105 or 10-3-903 or is in violation of a rule promulgated by the commissioner; or (II) A person is failing to remedy or has not remedied a deficiency or deficiencies in the submission required pursuant to section 10-16-107.4 (1) within the thirty days after the commissioner levies an initial fine pursuant to section 10-16-107.4 (2)(b)(II); and (b) It appears to the commissioner that the alleged conduct is fraudulent, creates an immediate danger to the public safety, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. (2) For purposes of subsection (1) of this section, "unauthorized person" means any individual, corporation, association, partnership, or other natural or artificial person that directly or indirectly engages in the transaction of insurance business as described in section 10-3-903, except as such business may be engaged in in accordance with specific authorization in this title. (3) Upon making a determination under subsection (1) of this section that an emergency cease-and-desist order should be issued, the commissioner shall serve on the person who is the subject of the order, by registered or certified mail, return receipt requested, at such person's last- known address, an order that contains a statement of the charges and requires such person to immediately cease and desist from the acts, methods, or practices stated in the order. (4) The division of insurance shall promulgate reasonable rules necessary to carry out the provisions of this section and sections 10-3-904.6 and 10-3-904.7. Such rules shall include, to the extent possible, provisions requiring uniformity with respect to the procedures of this state and other states, the United States, and the national association of insurance commissioners.
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