375.994. Investigators to have power of subpoena--moneys, costs or fines to be deposited in insurance dedicated fund--powers of director for violations, penalties.
Investigators to have power of subpoena--moneys, costs or fines to bedeposited in insurance dedicated fund--powers of director forviolations, penalties.
375.994. 1. Department investigators shall have the power to servesubpoenas issued for the examination, investigation, and trial of all offensesdetermined by their investigations.
2. It is unlawful for any person to interfere, either by abetting orassisting such resistance or otherwise interfering, with departmentinvestigators in the duties imposed upon them by law or department rule.
3. Any moneys, or other property which is awarded to the department ascosts of investigation, or as a fine, shall be credited to the insurancededicated fund created by section 374.150, RSMo.
4. If the director determines that a person has engaged, is engaging in,or has taken a substantial step toward engaging in an act, practice or courseof business constituting a violation of section 375.991 or a rule adopted ororder issued pursuant thereto, or that a person has materially aided or ismaterially aiding an act, practice, omission, or course of businessconstituting a violation of section 375.991 or a rule adopted or order issuedpursuant thereto, the director may issue such administrative orders asauthorized under section 374.046, RSMo. A violation of any of these sectionsis a level two violation under section 374.049, RSMo. The director may alsosuspend or revoke the license or certificate of authority of such person forany willful violation.
5. If the director believes that a person has engaged, is engaging in,or has taken a substantial step toward engaging in an act, practice or courseof business constituting a violation of section 375.991 or a rule adopted ororder issued pursuant thereto, or that a person has materially aided or ismaterially aiding an act, practice, omission, or course of businessconstituting a violation of section 375.991 or a rule adopted or order issuedpursuant thereto, the director may maintain a civil action for reliefauthorized under section 374.048, RSMo. A violation of any of these sectionsis a level two violation under section 374.049, RSMo.
6. Nothing in this section shall be construed as prohibiting thedepartment of insurance, financial institutions and professional registrationfrom regulating unfair or fraudulent trade practices as provided for insections 375.930 to 375.948.
7. If the director determines that a person regulated under this chapterhas conducted its business fraudulently with respect to sections 375.991 to375.994, or has as a matter of business practice abused its rights under saidsections, such conduct shall constitute either an unfair trade practice underthe provisions of sections 375.930 to 375.948 or an unfair claims settlementpractice under the provisions of sections 375.1000 to 375.1018.
(L. 1990 H.B. 1739 § 3 subsecs. 7 to 11, A.L. 1993 H.B. 709, A.L. 2007 S.B. 66)