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.
History:
[41-295, added 1994, ch. 219, sec. 7, p. 700; am. 1997, ch. 122, sec. 4, p. 369; am. 2005, ch. 74, sec. 3, p. 253.]
Structure Idaho Code
Chapter 2 - THE DEPARTMENT OF INSURANCE
Section 41-201 - DEPARTMENT OF INSURANCE.
Section 41-202 - DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS.
Section 41-203 - TERMS CONSTRUED.
Section 41-204 - DIRECTOR’S OATH AND BOND.
Section 41-205 - OFFICIAL SEAL.
Section 41-206 - DIVISIONS AND EMPLOYEES.
Section 41-207 - DELEGATION OF POWERS.
Section 41-208 - PROHIBITED INTERESTS, REWARDS.
Section 41-209 - PROFESSIONAL SERVICES.
Section 41-210 - GENERAL POWERS, DUTIES.
Section 41-212 - ORDERS, NOTICES.
Section 41-214 - RECORDS — REPRODUCTION — DESTRUCTION.
Section 41-215 - USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE.
Section 41-216 - DIRECTOR’S ANNUAL REPORT.
Section 41-217 - PUBLICATIONS AUTHORIZED.
Section 41-218 - PUBLICATIONS — SALE.
Section 41-219 - EXAMINATION OF INSURERS.
Section 41-220 - EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS.
Section 41-221 - PLACE OF EXAMINATION.
Section 41-222 - EXAMINATION COOPERATION WITH OTHER STATES.
Section 41-224 - EXAMINATION — APPRAISAL OF ASSET.
Section 41-225 - OBSTRUCTION OF EXAMINATION — PENALTY.
Section 41-226 - EXAMINERS — QUALIFICATIONS.
Section 41-227 - EXAMINATION REPORT.
Section 41-228 - EXAMINATION EXPENSE.
Section 41-229 - WITNESSES AND EVIDENCE.
Section 41-230 - TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION.
Section 41-231 - HEARINGS AND APPEAL — SCOPE OF PROVISIONS.
Section 41-232 - HEARINGS IN GENERAL.
Section 41-234 - PLACE OF HEARING — ADMISSION OF PUBLIC.
Section 41-235 - NOTICE OF HEARING.
Section 41-236 - SHOW CAUSE NOTICE.
Section 41-237 - ADJOURNED HEARING.
Section 41-238 - NONATTENDANCE.
Section 41-240 - ORDER ON HEARING.
Section 41-247 - INQUIRY POWERS OF DIRECTOR.
Section 41-248 - INTERSTATE RELATIONS.
Section 41-253 - STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE.
Section 41-255 - DUTIES OF STATE FIRE MARSHAL.
Section 41-256 - ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE.
Section 41-257 - STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER.
Section 41-258 - REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL.
Section 41-259 - INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER.
Section 41-260 - APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION.
Section 41-263 - FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT.
Section 41-264 - INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING.
Section 41-265 - WITNESS FEES — CHARGE FOR SERVICE OF PROCESS.
Section 41-266 - ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE.
Section 41-268 - ARSON, FIRE AND FRAUD PREVENTION ACCOUNT.
Section 41-269 - LIBERAL CONSTRUCTION OF ACT.
Section 41-286 - UNIFORM CLAIMS PROCESSING.
Section 41-288 - RETALIATORY REQUIREMENT.
Section 41-290 - FRAUDULENT CLAIMS.
Section 41-292 - DISCLOSURE OF INFORMATION BY INSURERS.
Section 41-293 - INSURANCE FRAUD.
Section 41-294 - DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.
Section 41-295 - DUTIES OF THE INVESTIGATION SECTION.
Section 41-296 - CONFIDENTIALITY — COMPULSORY TESTIMONY.