TITLE 41

INSURANCE

CHAPTER 48

RISK RETENTION GROUPS

41-4811.  Administrative and procedural authority regarding risk retention groups and purchasing groups. The director is authorized to make use of any of the powers established under this code to enforce the laws of this state so long as those powers are not specifically preempted by the product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not limited to, the director’s administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the director may rely on the procedural law and regulations of the state. The injunctive authority of the director in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.

History:

[41-4811, added 1987, ch. 140, sec. 1, p. 281.]