2009 West Virginia Code
CHAPTER 33. INSURANCE
ARTICLE 32. RISK RETENTION ACT.
§33-32-19 Administrative and procedural authority regarding risk retention groups and purchasing groups.
§33-32-19. 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 this chapter of this code to enforce the laws of this state so long as those powers are not specifically preempted by the national product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. 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 and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the law and rules of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
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