40-246a. Penalties for violating 40-246; hearings. - Kansas Statutes

40-246a

Chapter 40.--INSURANCE Article 2.--GENERAL PROVISIONS

      40-246a.   Penalties for violating 40-246; hearings.The commissioner of insurance shall have the power to examine any agent,nonresident agent, company or assured if the commissioner has cause tobelieve that any provision of this act has been violated. At such hearing all pertinentrecords, files and policies shall be produced for examination by thecommissioner. The insurance commissioner shall collect double the amount ofthe tax provided by law from any insurance company, agent or nonresidentagent receiving premiums in violation of the manner prescribed in this act,and may suspend or revoke the license of any company, agent or nonresidentagent willfully failing to comply therewith. Any agent or nonresident agentwho shall write business in any company not authorized to transact businessin this state or as otherwise provided by law shall be personally liablefor such tax. Any assured who shall knowingly insure such assured's property contraryto the provisions of this act or with a company not authorized to dobusiness in this state, shall be personally liable for double the amount ofthe tax provided by law on the premiums paid for such insurance.

      Hearings under this section shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.

      History:   L. 1933, ch. 69, § 2 (Special Session); L. 1988, ch.356, § 76; July 1, 1989.