Kentucky Statutes 304.48-260 – Commissioner’s enforcement authority
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(1) After a hearing or upon agreement by the liability self-insurance group, the commissioner may suspend or revoke the certificate of filing of a liability self- insurance group, impose a civil penalty of up to five thousand dollars ($5,000) per violation on a liability self-insurance group, or both, for:
(a) Violations of this subtitle or administrative regulations adopted thereunder; (b) Obtaining a certificate of filing by unfair or deceptive means;
(c) Operating in a financially hazardous manner;
(d) Misappropriation, conversion, illegal withholding, or refusal to pay over upon proper demand any moneys that belong to a member, an employee of a member, or a person otherwise entitled thereto by the group or its administrator; or
(e) Violations of Subtitle 12 of this chapter or administrative regulations promulgated pursuant thereto.
(2) The commissioner, in his or her discretion and without advance notice or a hearing thereon, may suspend or revoke the certificate of filing of any liability self- insurance group upon the commencement of the following proceedings:
(a) Receivership;
(b) Conservatorship; (c) Rehabilitation; or
(d) Other delinquency proceedings.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1605, effective July 15, 2010; and ch. 48, sec. 8, effective July 15, 2010. — Created 1994 Ky. Acts ch. 358, sec. 26, effective July 15, 1994.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 48, which do not appear to be in conflict and have been codified together.
(a) Violations of this subtitle or administrative regulations adopted thereunder; (b) Obtaining a certificate of filing by unfair or deceptive means;
(c) Operating in a financially hazardous manner;
(d) Misappropriation, conversion, illegal withholding, or refusal to pay over upon proper demand any moneys that belong to a member, an employee of a member, or a person otherwise entitled thereto by the group or its administrator; or
(e) Violations of Subtitle 12 of this chapter or administrative regulations promulgated pursuant thereto.
(2) The commissioner, in his or her discretion and without advance notice or a hearing thereon, may suspend or revoke the certificate of filing of any liability self- insurance group upon the commencement of the following proceedings:
(a) Receivership;
(b) Conservatorship; (c) Rehabilitation; or
(d) Other delinquency proceedings.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1605, effective July 15, 2010; and ch. 48, sec. 8, effective July 15, 2010. — Created 1994 Ky. Acts ch. 358, sec. 26, effective July 15, 1994.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 48, which do not appear to be in conflict and have been codified together.