31A-15-211. Enforcement authority.
(1) The commissioner is authorized to use the powers established for the department
under this title to enforce the laws of this state not specifically preempted by the Liability Risk
Retention Act of 1986, including the commissioner's administrative authority to investigate, issue
subpoena, conduct depositions and hearings, issue orders, impose monetary penalties and seek
injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the
commissioner shall rely on the procedural laws of this state.
(2) Whenever the commissioner determines that any person, risk retention group,
purchasing group, or insurer of a purchasing group has violated, is violating, or is about to violate
any provision of this part or any other insurance law of this state applicable to the person or
entity, or that the person or entity has failed to comply with a lawful order of the commissioner,
he may, in addition to any other lawful remedies or penalties, file a complaint in the Third District
Court of Salt Lake County to enjoin and restrain any person, risk retention group, purchasing
group, or insurer from engaging in the violation, or to compel compliance with the order of the
commissioner. The court has jurisdiction of the proceeding and has the power to enter a
judgment and order for injunctive or other relief. In any action by the commissioner under this
subsection, service of process shall be made upon the director of the Division of Corporations and
Commercial Code who shall forward the order, pleadings, or other process to the person, risk
retention group, purchasing group, or insurer in accordance with the procedures specified in
Section 31A-14-204. Nothing in this section may be construed to limit or abridge the authority of
the commissioner to seek injunctive relief in any district court of the United States as provided in
Section 31A-15-213.
Enacted by Chapter 258, 1992 General Session
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Last revised: Thursday, May 28, 2009