33-11-121. Administrative and procedural authority regarding risk retention groups and purchasing groups. The commissioner is authorized to use any powers established under this title to enforce the laws of this state so long as those powers are not specifically preempted by the federal Liability Risk Retention Act of 1986 (15 U.S.C. 3901, et seq.). The commissioner's powers include but are not limited to the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the commissioner may rely on the procedural law and regulations of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
History: En. Sec. 10, Ch. 249, L. 1987.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 11. Liability Risk Retention and Purchasing Groups
33-11-103. Chartering -- licensing -- plan of operation
33-11-104. Risk retention groups not chartered in this state
33-11-105. Compulsory associations
33-11-107. Purchasing groups -- exemption from certain laws relating to group purchase of insurance
33-11-108. Notice and registration requirements of purchasing groups
33-11-109. Restriction on insurance purchased by purchasing groups
33-11-110. Taxation of purchasing group
33-11-111. through 33-11-120 reserved
33-11-123. Duty of insurance producers to obtain license
33-11-124. Enforceability of orders issued in United States district court