2005 Idaho Code - 41-295 — DUTIES OF THE INVESTIGATION SECTION

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 2
                         THE DEPARTMENT OF INSURANCE
    41-295.  DUTIES OF THE INVESTIGATION SECTION. The investigation section of
the department of insurance shall have the following duties:
    (1)  To conduct civil or criminal investigations within or outside this
state as deemed necessary to determine whether any person has violated any
provision of title 41, Idaho Code.
    (2)  For purposes of any investigation under this code, the director, or
any officer designated by him, may administer oaths and affirmations, subpoena
bank records, subpoena witnesses and compel their attendance, take evidence,
and require the production of any books, papers, correspondence, memoranda,
agreements, or other documents the director deems relevant or material to the
investigation.
    (3)  The investigation section shall furnish all papers, documents,
reports, complaints, or other facts of evidence to any police, sheriff or
other law enforcement agency, when so requested, and will assist and cooperate
with such law enforcement agencies.
    (4)  The investigation section shall refer criminal violations of the code
to the attorney general, county prosecutor, or other prosecutor having
jurisdiction of any such violation.  The attorney general, county prosecutor,
or other prosecutor shall promptly institute and prosecute such action or
proceedings against such person as the information may require or justify.
Whoever is the prosecuting attorney of record shall have exclusive authority
in all matters regarding such action or proceeding.
    (5)  The investigation section shall have such other duties as the
director of the department of insurance shall assign or as contained elsewhere
in title 41, Idaho Code.
    (6)  The investigation section shall be permitted to seek court ordered
restitution as reimbursement, for the cost of investigation from those
individuals successfully prosecuted under section 41-293, Idaho Code. Any
restitution payments received pursuant to this section shall be deposited in
the insurance administrative account as provided in section 41-401, Idaho
Code.