A BILL TO BE ENTITLED
AN ACT to require an unauthorized insurer against which a summary cease and desist order has been issued to petition the department of insurance for a hearing on the matter before petitioning the superior court of wake county.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 58‑28‑25 reads as rewritten:
"§ 58‑28‑25.  Judicial review of cease and desist orders; administrative review of summary cease and desist orders.
Any person required by an order of the Commissioner under G.S. 58‑28‑20(a) to cease and desist may seek judicial review pursuant to G.S. 58‑2‑75. If the Commissioner issues a summary cease and desist order pursuant to G.S. 58‑28‑20(d), the Commissioner shall promptly commence proceedings in accordance with G.S. 150B‑3(c).
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SECTION 2.  G.S. 58‑28‑20(b) reads as rewritten:
"(b)	Until the expiration of the time allowed under G.S. 58‑28‑25 for filing a petition for review, if no such petition has been duly filed within such time; or if a petition for review has been filed within such time, then until the transcript of the record in the proceeding has been filed in the Court, the Commissioner may at any time, upon such notice and in such manner as he considers proper, modify or set aside in whole or in part any order issued by him under this section."
SECTION 3.  This act becomes effective October 1, 2005, and applies to orders issued on or after that date.