Download as PDF
304.47-040 Division of Insurance Fraud Investigation -- Special investigators
-- Resisting arrest or interfering with investigation.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
There is created within the Department of Insurance a Division of Insurance
Fraud Investigation.
(a) The commissioner shall appoint qualified persons to serve as special
investigators for the Division of Insurance Fraud Investigation who shall
have general police powers including the power to arrest, and they shall
possess all of the common law and statutory powers, privileges, and
immunities of sheriffs, and their jurisdiction shall be coextensive with the
state.
(b) The division staff also shall include, at a minimum, three (3) special
investigators, one (1) attorney, and one (1) administrative assistant. The
positions authorized by this paragraph shall be in addition to the staff
employed by the division as of December 12, 1996.
The special investigator may:
(a) Administer oaths and affirmations;
(b) Order the attendance of witnesses or proffering of information and
documentation;
(c) Collect evidence; and
(d) Make arrests for criminal violations established as a result of its
investigations. The general laws applicable to arrests by sheriffs of the
Commonwealth shall also be applicable to special investigators, who
may:
1.
Execute arrest warrants and search warrants for the criminal
violations revealed as a result of their investigations;
2.
Serve subpoenas issued for the examination, investigation, and trial
of all offenses determined by their investigations; and
3.
Arrest upon probable cause without warrant any person found in the
act of violating any of the provisions of applicable laws.
The division may implement its powers if, based upon its own inquiries or as a
result of information received, it has reason to believe that a person has
engaged in, is engaging in, or is about to engage in a fraudulent insurance act.
If the information the division seeks to obtain is located outside the state, the
person so requested may make it available to the division or its representative
to examine at the place where it is located. The division may designate
representatives, including officials of the state in which the matter is located, to
inspect the information on the division's behalf, and it may respond to similar
requests from officials of other states.
It shall be unlawful for any person to resist an arrest authorized by this subtitle
or in any manner to interfere, either by abetting or assisting this resistance or
otherwise interfering, with special investigators employed by the commissioner
under this subtitle in the duties imposed upon them by law, and shall be
punishable as provided in KRS 520.090.
The commissioner may obtain any evidence for use in criminal investigations
according to KRS 304.2-340.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1585, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 253, sec. 5, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 213, sec. 8, effective July 15, 1998. -- Amended 1996 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 37, effective December 12, 1996. -- Created
1994 Ky. Acts ch. 496, sec. 20, effective July 15, 1994.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.