Duties and powers of the commissioner.

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  • (1) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall:
    • (a) notify the association of the existence of an insolvent insurer not later than three days after the commissioner receives notice of the order of liquidation; and
    • (b) upon request of the board of directors, provide the association with a statement of the premiums in this state for each member insurer.
  • (2)
    • (a) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails:
      • (i) to pay an assessment when due; or
      • (ii) to comply with the plan of operation or the rules adopted under this part.
    • (b)
      • (i) As an alternative to an action described in Subsection (2)(a), the commissioner may levy a fine on any member insurer that fails to pay an assessment when due.
      • (ii) The fine permitted under this Subsection (2)(b) may not:
        • (A) exceed 5% of the unpaid assessment per month; or
        • (B) be less than $100 per month.
    • (c) The commissioner may revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.
  • (3) Any final action or order of the commissioner under this part is subject to judicial review in a court of competent jurisdiction.




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