2005 Idaho Code - 41-4311 — DUTIES AND POWERS OF THE DIRECTOR

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 43
                   IDAHO LIFE AND HEALTH INSURANCE GUARANTY
                               ASSOCIATION ACT
    41-4311.  DUTIES AND POWERS OF THE DIRECTOR. In addition to the duties and
powers enumerated elsewhere in this act,
    (1)  The director shall
    (a)  Upon request of the board of directors, provide the association with
    a statement of the premiums in the appropriate states for each member
    insurer.
    (b)  When an impairment is declared and the amount of the impairment is
    determined, serve a demand upon the impaired insurer to make good the
    impairment within a reasonable time. Notice to the impaired insurer shall
    constitute notice to its shareholders, if any. The failure of the insurer
    to promptly comply with such demand shall not excuse the association from
    the performance of its powers and duties under this act.
    (c)  In any liquidation or rehabilitation proceeding involving a domestic
    insurer, be appointed as the liquidator or rehabilitator. If a foreign or
    alien member insurer is subject to a liquidation proceeding in its
    domiciliary jurisdiction or state of entry, the director shall be
    appointed conservator.
    (2)  The director may suspend or revoke, after notice and hearing, the
certificate of authority to transact insurance in this state of any member
insurer which fails to pay an assessment when due or fails to comply with the
plan of operation. As an alternative the director may levy a forfeiture on any
member insurer which fails to pay an assessment when due. Such forfeiture
shall not exceed five percent (5%) of the unpaid assessment per month, but no
forfeiture shall be less than one hundred dollars ($100) per month.
    (3)  Any action of the board of directors or the association may be
appealed to  the director by any member insurer if such appeal is taken within
thirty (30) days of the action being appealed.  Any final action or order of
the director shall be subject to judicial review in a court of competent
jurisdiction.
    (4)  The liquidator, rehabilitator, or conservator of any impaired insurer
may notify all interested persons of the effect of this act.