41-3823. JUDICIAL REVIEW — MANDAMUS. (1) Any person aggrieved by any act, determination, rule or order or any other action of the director pursuant to this chapter may appeal to the fourth judicial district court for Ada county, Idaho. The court shall conduct its review in accordance with the provisions of chapter 52, title 67, Idaho Code, or other applicable provisions of law.
(2) The filing of an appeal pursuant to this section shall stay the application of any rule, order or other action of the director to the party pursuing such appeal, unless the court, after providing the party with notice and the opportunity for a hearing, determines that a stay would be detrimental to the interest of policyholders, shareholders, creditors or the public.
(3) Any person aggrieved by any failure of the director to act or make a determination required by this chapter may petition the fourth judicial district court for Ada county for a writ in the nature of a mandamus or a peremptory mandamus directing the director to act or make a determination.
History:
[41-3823, added 2013, ch. 266, sec. 2, p. 675.]
Structure Idaho Code
Chapter 38 - ACQUISITIONS OF CONTROL AND INSURANCE HOLDING COMPANY SYSTEMS
Section 41-3802 - DEFINITIONS.
Section 41-3803 - SUBSIDIARIES OF INSURERS.
Section 41-3805 - TENDER OFFER MATERIAL.
Section 41-3806 - APPROVAL BY DIRECTOR — HEARINGS.
Section 41-3807 - MAILING — PAYMENT OF EXPENSES.
Section 41-3808 - ACQUISITIONS INVOLVING INSURERS NOT OTHERWISE COVERED.
Section 41-3809 - REGISTRATION OF HOLDING COMPANY SYSTEM INSURERS.
Section 41-3810 - STANDARDS AND MANAGEMENT OF AN INSURER WITHIN AN INSURANCE HOLDING COMPANY SYSTEM.
Section 41-3811 - ADEQUACY OF SURPLUS.
Section 41-3812 - DIVIDENDS AND OTHER DISTRIBUTIONS.
Section 41-3813 - MANAGEMENT OF DOMESTIC INSURERS SUBJECT TO REGISTRATION.
Section 41-3814 - EXAMINATION.
Section 41-3815 - SUPERVISORY COLLEGES.
Section 41-3815A - GROUP-WIDE SUPERVISION OF INTERNATIONALLY ACTIVE INSURANCE GROUPS.
Section 41-3816 - CONFIDENTIAL TREATMENT.
Section 41-3820 - RECEIVERSHIP.
Section 41-3822 - REVOCATION, SUSPENSION OR NONRENEWAL OF INSURER’S LICENSE.
Section 41-3823 - JUDICIAL REVIEW — MANDAMUS.