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304.47-040 Division of Insurance Fraud Investigation -- Special investigators -Resisting arrest or interfering with investigation.
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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.
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