(a) Such demand for a hearing received by the Commissioner prior to the effective date of action taken or proposed to be taken by him shall stay such action pending the hearing, except as to action taken or proposed—
(1) under an order on hearing; or
(2) under an order pursuant to an order on hearing; or
(3) under an order to make good an impairment of the assets of an insurer.
(b) In any case where an automatic stay is not provided for, and if the Commissioner after written request therefor fails to grant a stay, the person aggrieved thereby may apply to a court of competent jurisdiction for a stay of the Commissioner's action.