Kentucky Statutes 304.2-130 – Enforcement
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(1) The commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or her or action taken by him or her.
(2) If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution is provided and in his or her opinion would be in order, the commissioner shall give the information relative thereto to the appropriate Commonwealth attorney or to the Attorney General. The Commonwealth attorney or Attorney General shall promptly institute such action or proceedings against such person as in his or her opinion the information may require or justify.
(3) Whenever the commissioner may deem it necessary, he or she may employ counsel, or call upon the Attorney General of this state for legal counsel and such assistance as may be necessary.
(4) The Attorney General upon request of the commissioner is authorized to proceed in the courts of any other state or in any federal court or agency to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 928, effective July 15, 2010. — Created
1970 Ky. Acts ch. 301, subtit. 2, sec. 13, effective June 18, 1970.
(2) If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution is provided and in his or her opinion would be in order, the commissioner shall give the information relative thereto to the appropriate Commonwealth attorney or to the Attorney General. The Commonwealth attorney or Attorney General shall promptly institute such action or proceedings against such person as in his or her opinion the information may require or justify.
Terms Used In Kentucky Statutes 304.2-130
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Whenever the commissioner may deem it necessary, he or she may employ counsel, or call upon the Attorney General of this state for legal counsel and such assistance as may be necessary.
(4) The Attorney General upon request of the commissioner is authorized to proceed in the courts of any other state or in any federal court or agency to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 928, effective July 15, 2010. — Created
1970 Ky. Acts ch. 301, subtit. 2, sec. 13, effective June 18, 1970.