Section 374.045

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 28 Aug 2008   

  374.045.  Director authorized to make rules and regulations, procedure, this chapter. — 1.  The director shall have the full power and authority to make all reasonable rules and regulations to accomplish the following purposes:

  (1)  To regulate the internal affairs of the department of commerce and insurance;

  (2)  To prescribe forms and procedures to be followed in proceedings before the department of commerce and insurance; and

  (3)  To effectuate or aid in the interpretation of any law of this state in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized by law.

  2.  The director may from time to time withdraw or amend any rule or regulation in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized by law.

  3.  No rule or regulation shall conflict with any law of this state.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

  4.  At least fifteen days prior to the adoption of any rule or regulation, or any amendment thereof, to be issued under the provisions of subdivision (3) of subsection 1, the director shall give notice of a hearing on the proposed action.  The notice shall be mailed to all persons who have made timely requests of the director for advance notice of its rulemaking proceedings.  The notice shall contain a statement of the terms or the substance of the proposed rule or regulation.  In addition, the notice shall give the time and place where a hearing on the proposed rule or regulation will be held and the manner in which interested parties may present their views thereon.  On the date of the hearing, all interested parties shall be given reasonable opportunity to present their views or arguments in writing or orally.  The failure of any person to receive any notice of a hearing on any proposed rule or regulation shall not invalidate any rule or regulation subsequently adopted.

  5.  The willful violation of any rule or regulation shall subject the person violating it to such penalty as may be applicable and which the director has within his power to impose under the laws of this state relating to the business of insurance for violation of the law to which the rule or regulation relates.

  6.  Upon request and payment of the reasonable cost thereof, if required and fixed by the director, the director shall furnish a copy of any rule, regulation, or order to any person so requesting.

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(L. 1967 p. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2008 S.B. 788)