26.1-01 Insurance Commissioner - North Dakota Statutes

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TITLE 26.1INSURANCECHAPTER 26.1-01INSURANCE COMMISSIONER26.1-01-01. Commissioner defined. Unless the context or subject matter otherwiserequires, in this title the word "commissioner" means the insurance commissioner.26.1-01-02.Commissioner - Seal - Employment of deputy and assistants.Thecommissioner shall have an official seal and shall keep an impression of the seal on file in the
office of the secretary of state. The commissioner shall employ a deputy and other competent
officials and clerks to discharge the duties assigned by the commissioner.When thecommissioner is absent temporarily from the office, the deputy commissioner may sign the
commissioner's name and perform any other statutory duties pertaining to the office.26.1-01-03. Duties of commissioner. The commissioner shall:1.See that all the laws of this state respecting insurance companies and benevolent
societies are executed faithfully.2.Report in detail to the attorney general any violation of law relative to insurance
companies and their officers or agents.3.File the articles of incorporation of all insurance companies organized or doing
business in this state, and on application furnish a certified copy thereof.4.Furnish the insurance companies required to make reports to the commissioner and
the benevolent societies the necessary blank forms for required statements and
reports. The commissioner is not required to send blank forms to those insurance
companies which submit their reports on printed forms conforming to those
furnished by the commissioner.5.Preserve in permanent form a full record of the commissioner's proceedings and a
concise statement of each company or agency visited or examined.6.Furnish at the request of any person, upon the payment of the required fee, certified
copies of any record or paper in the commissioner's office, if the commissioner
deems it not prejudicial to the public interests to do so, and give such other
certificates as may be provided by law.7.Submit a biennial report as prescribed by section 54-06-04 to the governor and the
secretary of state. In addition to the requirements of section 54-06-04, the report
must contain an abstract only of the reports of the various insurance companies
doing business in this state showing the condition of the companies.8.Upon request, send a copy of the commissioner's annual report to the insurance
commissioner, or other similar officer, of every other state and to each company
doing business in this state.9.Communicate, on request, to the insurance commissioner of any other state any
facts that by law it is the commissioner's duty to ascertain respecting companies of
this state doing business within that state.10.Manage, control, and supervise the state bonding fund.Page No. 111.Manage, control, and supervise the state fire and tornado fund and the insurance of
public buildings in that fund.26.1-01-03.1.Cease and desist authority - Hearing - Failure to appear.Thecommissioner may issue an order to cease and desist and notice of opportunity for hearing when
it appears that any person is engaged in an act or practice which violates or may lead to a
violation of this title.Any party aggrieved by the commissioner's order may make writtenapplication for a hearing on the order within thirty days of the date of the order. The application
for a hearing must briefly state the respects in which the applicant is aggrieved by the order and
the grounds for relief to be relied upon at the hearing. A hearing must be held not later than ten
days after an application for hearing is received unless a delay is requested by all persons
named in the order. The commissioner, within thirty days after the hearing, shall issue an order
vacating the cease and desist order or making the cease and desist order permanent, as the
facts require.The failure of any named person to appear at any proper hearing under thissection after receiving notice of the hearing will cause that person to be in default and the
allegations contained in the cease and desist order may be deemed to be true and may be used
against the person at the hearing.If no hearing is requested by written application, thecommissioner's order becomes permanent.26.1-01-03.2. Injunctive authority. The commissioner may bring an action in the districtcourt of Burleigh County to enjoin any acts or practices which are prohibited under this title, upon
not less than eight days' notice to the defendants named in the action.26.1-01-03.3. Penalty for violation of title. Unless otherwise provided by law, a personwho violates this title is subject, after hearing by the commissioner, to payment of an
administrative monetary penalty of up to ten thousand dollars.26.1-01-04. Service of process upon commissioner - Procedure. When a consent toservice of any process, notice, order, or demand upon the commissioner is provided under this
title, the service is to be in duplicate. The commissioner immediately shall forward one copy by
registered mail to the person against whom the process, notice, order, or demand is directed at
that person's last reasonably ascertainable address and shall file the other copy in the office of
the commissioner.The person serving process upon the commissioner shall pay the feeprovided in section 26.1-01-07. The commissioner shall keep a record of the date and hour of
service.26.1-01-05. Reporting and review of medical malpractice claims, settlements, andjudgments.1.A health care provider or the insurer of a health care provider, if any, shall report all
claims, settlements of claims, or final judgments against the health care provider to
the commissioner.The report must be made in the manner prescribed by thecommissioner and must provide those facts the commissioner deems necessary to
gather adequate information regarding claims, settlements of claims, and final
judgments against health care providers. For the purposes of this section, a "health
care provider" includes any person, corporation, facility, or institution licensed by this
state to provide health care or professional services as a physician, hospital, dentist,
professional or practical nurse, physician's aide, optometrist, podiatrist, chiropractor,
physical therapist, or psychologist, or an officer, employee, or agent thereof acting in
the course and scope of employment.2.The commissioner shall forward copies of all reports required by this section to the
appropriate board of professional registration, examination, or licensure. That board
shall review all reports which it receives and may take any necessary disciplinary
action against a health care provider when the action is appropriate, including
censure, imposition of probation, or suspension or revocation of the health care
provider's license. The board shall conduct the review as an administrative hearing
in the manner provided in chapter 28-32, including the giving of appropriate notice.Page No. 226.1-01-06.Reporting of statistical data regarding legal malpractice claims,settlements, and judgments. Repealed by S.L. 2003, ch. 245,