41-3610 — DUTIES AND POWERS OF DIRECTOR -- JUDICIAL REVIEW
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TITLE 41
INSURANCE
CHAPTER 36
INSURANCE GUARANTY ASSOCIATION
41-3610. DUTIES AND POWERS OF DIRECTOR -- JUDICIAL REVIEW. (1) The
director shall:
(a) Notify the association of the existence of an insolvent insurer not
later than three (3) days after he receives notice of the determination of
the insolvency. The association shall be entitled to a copy of any
complaint seeking an order of liquidation with a finding of insolvency
against a member company at the same time that such complaint is filed
with a court of competent jurisdiction.
(b) Upon request of the board of directors, provide the association with
a statement of the net direct written premiums of each member insurer.
(2) The director may:
(a) 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 fine on any member
insurer which fails to pay an assessment when due. Such fine shall not
exceed five per cent (5%) of the unpaid assessment per month, except that
no fine shall be less than one hundred dollars ($100) per month.
(b) Revoke the designation of any servicing facility if he finds claims
are being handled unsatisfactorily.
(3) Any final action or order of the director under this act shall be
subject to judicial review in a court of competent jurisdiction.