§431K-9 - Administrative and procedural authority regarding risk retention groups and purchasing groups.
[§431K-9] Administrative and procedural
authority regarding risk retention groups and purchasing groups. The
commissioner is authorized to make use of any of the powers established under
chapter 431 to enforce the laws of this State as long as those powers are not
specifically preempted by the Product Liability Risk Retention Act of 1981, 15
U.S.C. §3901 et seq., as amended by the Risk Retention Amendments of 1986, P.L.
99-563. This includes, but is not limited to, the commissioner'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 commissioner may
rely on the procedural law and rules of this State. The injunctive authority
of the commissioner in regard to risk retention groups shall be restricted by
the requirement that any injunction be issued by a court of competent
jurisdiction. [L 1987, c 180, pt of §1]