58-6A-20. Director's use of enforcement powers--Injunctive authority.
The director may use any of the enforcement powers available under the laws of this state so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not limited to, the director'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 director may rely on the procedural law and regulations of this state. The injunctive authority of the director in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
Source: SL 1987, ch 372, §20.
Structure South Dakota Codified Laws
Chapter 06A - Risk Retention Groups
Section 58-6A-1 - Definition of terms.
Section 58-6A-3 - Information submitted to director.
Section 58-6A-3.2 - Criteria of material relationship.
Section 58-6A-3.3 - Material service provider contracts.
Section 58-6A-3.5 - Written policy in plan of operation.
Section 58-6A-3.6 - Members of audit committee.
Section 58-6A-3.7 - Purpose of audit committee.
Section 58-6A-3.8 - Waiver of audit committee requirement.
Section 58-6A-3.9 - Governance standards.
Section 58-6A-3.10 - Code of business conduct and ethics.
Section 58-6A-3.11 - Notice to director of noncompliance with standards.
Section 58-6A-3.12 - Application of §§ 58-6A-1 to 58-6A-3.11.
Section 58-6A-4 - Financial information submitted to director.
Section 58-6A-5.1 - Rate of taxation on premiums--Interest, fines and penalties--Payment.
Section 58-6A-6 - Compliance with Unfair Trade Practices Act.
Section 58-6A-8 - Examination by director.
Section 58-6A-9 - Notice contained on policy--Contents.
Section 58-6A-10 - Prohibited acts by risk retention group.
Section 58-6A-11 - Insurance company as member or owner.
Section 58-6A-14 - Countersignature on policy not required.
Section 58-6A-15 - Prohibited insurance coverage.
Section 58-6A-17 - Notice to director--Contents.
Section 58-6A-17.1 - Notice to director of changes.
Section 58-6A-17.2 - Information required by director--Time for giving notice and information.
Section 58-6A-18 - Designation of director as agent for purchasing group--Exceptions.
Section 58-6A-20 - Director's use of enforcement powers--Injunctive authority.
Section 58-6A-21 - Penalty for violation.
Section 58-6A-22 - Broker license--Waiver of residency requirements.