State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16980

40-281

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-281.   Hearings by commissioner on any matter relating to insurance;procedure; subpoena.(a) The commissioner of insurance is hereby authorized to hold afact-finding hearing on any matter relating to the business of insurance,whenever he shall have reason to believe that such a proceeding by himwould be in the public interest. The commissioner shall give to allinterested parties reasonable notice of any such hearing, and said noticeshall contain the time, place and purpose of the hearing. Notice of thehearing may be sent by registered mail, and any hearing held in accordancewith notice thereof shall not be affected by the failure of any party toattend or remain in attendance.

      (b)   At the time and place fixed for such hearing, all interested partiesshall have an opportunity to be heard and to present such material as thecommissioner deems relevant to the matter at issue, but the observance offormal rules of pleading or evidence at any such hearing shall not berequired unless requested by any party subpoenaed to appear at suchhearing. The commissioner may adjourn any hearing from time to time byannouncement thereof at the hearing.

      (c)   The commissioner, upon such hearing, may administer oaths, examineand cross-examine witnesses, receive oral and documentary evidence, andshall have the power to subpoena witnesses, compel their attendance, andrequire the production of books, papers, records, correspondence or otherdocuments deemed relevant to the inquiry. In case of a refusal of anyperson to comply with any subpoena issued hereunder or to testify withrespect to any matter concerning which he may be lawfully interrogated, thedistrict court of Shawnee county or the county where such person resides,on application of the commissioner, may issue an order requiring suchperson to comply with such subpoena and to testify, and any failure to obeyany such order of the court may be punished by the court as a contemptthereof. The commissioner may cause to be made a stenographic record of allthe evidence and all of the proceedings had at any such hearing.

      (d)   Nothing in this act shall be construed as affecting the filing ofrates required by articles 9 and 11 of chapter 40 of the Kansas StatutesAnnotated.

      History:   L. 1967, ch. 266, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16980

40-281

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-281.   Hearings by commissioner on any matter relating to insurance;procedure; subpoena.(a) The commissioner of insurance is hereby authorized to hold afact-finding hearing on any matter relating to the business of insurance,whenever he shall have reason to believe that such a proceeding by himwould be in the public interest. The commissioner shall give to allinterested parties reasonable notice of any such hearing, and said noticeshall contain the time, place and purpose of the hearing. Notice of thehearing may be sent by registered mail, and any hearing held in accordancewith notice thereof shall not be affected by the failure of any party toattend or remain in attendance.

      (b)   At the time and place fixed for such hearing, all interested partiesshall have an opportunity to be heard and to present such material as thecommissioner deems relevant to the matter at issue, but the observance offormal rules of pleading or evidence at any such hearing shall not berequired unless requested by any party subpoenaed to appear at suchhearing. The commissioner may adjourn any hearing from time to time byannouncement thereof at the hearing.

      (c)   The commissioner, upon such hearing, may administer oaths, examineand cross-examine witnesses, receive oral and documentary evidence, andshall have the power to subpoena witnesses, compel their attendance, andrequire the production of books, papers, records, correspondence or otherdocuments deemed relevant to the inquiry. In case of a refusal of anyperson to comply with any subpoena issued hereunder or to testify withrespect to any matter concerning which he may be lawfully interrogated, thedistrict court of Shawnee county or the county where such person resides,on application of the commissioner, may issue an order requiring suchperson to comply with such subpoena and to testify, and any failure to obeyany such order of the court may be punished by the court as a contemptthereof. The commissioner may cause to be made a stenographic record of allthe evidence and all of the proceedings had at any such hearing.

      (d)   Nothing in this act shall be construed as affecting the filing ofrates required by articles 9 and 11 of chapter 40 of the Kansas StatutesAnnotated.

      History:   L. 1967, ch. 266, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16980

40-281

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-281.   Hearings by commissioner on any matter relating to insurance;procedure; subpoena.(a) The commissioner of insurance is hereby authorized to hold afact-finding hearing on any matter relating to the business of insurance,whenever he shall have reason to believe that such a proceeding by himwould be in the public interest. The commissioner shall give to allinterested parties reasonable notice of any such hearing, and said noticeshall contain the time, place and purpose of the hearing. Notice of thehearing may be sent by registered mail, and any hearing held in accordancewith notice thereof shall not be affected by the failure of any party toattend or remain in attendance.

      (b)   At the time and place fixed for such hearing, all interested partiesshall have an opportunity to be heard and to present such material as thecommissioner deems relevant to the matter at issue, but the observance offormal rules of pleading or evidence at any such hearing shall not berequired unless requested by any party subpoenaed to appear at suchhearing. The commissioner may adjourn any hearing from time to time byannouncement thereof at the hearing.

      (c)   The commissioner, upon such hearing, may administer oaths, examineand cross-examine witnesses, receive oral and documentary evidence, andshall have the power to subpoena witnesses, compel their attendance, andrequire the production of books, papers, records, correspondence or otherdocuments deemed relevant to the inquiry. In case of a refusal of anyperson to comply with any subpoena issued hereunder or to testify withrespect to any matter concerning which he may be lawfully interrogated, thedistrict court of Shawnee county or the county where such person resides,on application of the commissioner, may issue an order requiring suchperson to comply with such subpoena and to testify, and any failure to obeyany such order of the court may be punished by the court as a contemptthereof. The commissioner may cause to be made a stenographic record of allthe evidence and all of the proceedings had at any such hearing.

      (d)   Nothing in this act shall be construed as affecting the filing ofrates required by articles 9 and 11 of chapter 40 of the Kansas StatutesAnnotated.

      History:   L. 1967, ch. 266, § 1; July 1.