[§431:2-402]  Insurance fraud investigationsbranch.  (a)  There is established in the insurance division the insurancefraud investigations branch for the purposes set forth in this part.

(b)  The branch shall:

(1)  Conduct a statewide program for the prevention ofinsurance fraud under title 24, including chapters 431, 432, and 432D; providedthat the branch shall not have jurisdiction over workers' compensation underchapter 386;

(2)  Notwithstanding any other law to the contrary,investigate and prosecute in administrative hearings and courts of competentjurisdiction all persons involved in insurance fraud violations; and

(3)  Promote public and industry-wide education aboutinsurance fraud.

(c)  The branch may review and take appropriateaction on complaints relating to insurance fraud.

(d)  The commissioner shall employ or retain,by contract or otherwise, attorneys, investigators, investigator assistants,auditors, accountants, physicians, health care professionals, paralegals,consultants, experts, and other professional, technical, and support staff asnecessary to promote the effective and efficient conduct of the branch'sactivities.  The commissioner may hire these employees without regard tochapters 76 or 89.

(e)  Notwithstanding any other law to thecontrary, an attorney employed or retained by the branch may represent theState in any criminal, civil, or administrative proceeding to enforce allapplicable state laws relating to insurance fraud, including criminalprosecutions, disciplinary actions, and actions for declaratory and injunctiverelief.  The attorney general may designate an attorney as a special deputyattorney general for purposes of this subsection.

(f)  Investigators appointed and commissionedunder this part shall have and may exercise all of the powers and authority ofa police officer or of a deputy sheriff.

(g)  Funding for the branch shall come from thecompliance resolution fund established by section 26-9(o). [L 2009, c 149, ptof §2]