40-4118. Federal preemption of commissioner's powers; injunctive authority restricted. - Kansas Statutes

40-4118

Chapter 40.--INSURANCE Article 41.--RISK RETENTION AND PURCHASING GROUPS

      40-4118.   Federal preemption of commissioner's powers; injunctiveauthority restricted.The commissioner is authorized to make use of any of thepowers established under the insurance code of this state to enforce thelaws of this state so long as those powers are not specifically preemptedby the product liability risk retention act of 1981, as amended by the riskretention amendments of 1986. Such authorization includes, but is notlimited to, the commissioner's administrative authority to investigate,issue subpoenas, conduct depositions and hearings, issue orders and imposepenalties. With regard to any investigation, administrative proceeding,or litigation, the commissioner can rely on the procedural law andregulations of the state. The injunctive authority of the commissioner inregard to risk retention groups is restricted by the requirement that anyinjunction be issued by a court of competent jurisdiction.

      History:   L. 1987, ch. 172, § 9; April 30.