40-2113. Preparation of plan by commissioner, when; unreasonable or unfair activity or practice by insurer or rating organization; hearing; order.

40-2113

Chapter 40.--INSURANCE
Article 21.--MISCELLANEOUS PROVISIONS

      40-2113.   Preparation of plan by commissioner, when; unreasonableor unfair activity or practice by insurer or rating organization;hearing; order.If no plan, meeting the standards set forth in K.S.A. 40-2111 andamendments thereto, is submittedto the commissioner within the period statedin any order disapproving an existing plan, the commissionershall, if necessary tocarry out the purpose of this section, and after hearing, prepare andpromulgate a plan meeting such requirements. The commissioner maydesignate one or more rating organizations or other agencies to assist in thepreparation, operation and promulgation of such a plan. If,after a hearing conducted in accordance with the provisions of the Kansasadministrative procedure act, the commissioner finds that any activity orpractice ofany insurer or rating organization in connection with the operation ofsuch plan or plans is unfair or unreasonable, or otherwise inconsistentwith the provisions of this subsection, the commissioner mayissue a written orderspecifying in what respects such activity or practice is unfair orunreasonable, or otherwise inconsistent with the provisions of thissubsection, and requiring discontinuance of such activity or practice.

      History:   L. 1969, ch. 238, § 3;L. 1988, ch. 356, § 106; July 1, 1989.