40-2406. Same; hearing conducted by commissioner. - Kansas Statutes

40-2406

Chapter 40.--INSURANCE Article 24.--REGULATION OF CERTAIN TRADE PRACTICES

      40-2406.   Same; hearing conducted by commissioner.(a) Whenever the commissioner has reason to believe that any suchperson has been engaged or is engaging in this state in any unfairmethod of competition or any unfair or deceptive act or practice, whetheror not defined in K.S.A. 40-2404 and amendments thereto, and that a proceedingby the commissioner in respect thereto would be in the interest of the public,the commissionershall issue and serve upon such person a statement of the charges inthat respect and conduct a hearing thereon in accordance with the provisionsof the Kansas administrative procedure act.

      (b)   If, after such hearing, the commissioner determines that theperson charged has engaged in any unfair method of competition or any unfairor deceptive act or practice, any costs incurred as a result of conductingany administrative hearing authorized under the provisions of this sectionshall be assessed against such person orthe company or companies represented by such person as an agent, broker or adjusterwho is a participating party to the matters giving rise to the hearing.As used in this subsection, "costs" shall include witnessfees, mileage allowances,any costs associated with reproduction of documents which become a partof the hearing record and the expense of making a record of the hearing.

      History:   L. 1955, ch. 247, § 6; L. 1972, ch. 189, § 5; L. 1982,ch. 205, § 1;L. 1986, ch. 318, § 37;L. 1988, ch. 356, § 110; July 1, 1989.