Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.06.010 Appointment of director.
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The commissioner of commerce, community, and economic development shall appoint the director, division of insurance, Department of Commerce, Community, and Economic Development. The director serves at the pleasure of the commissioner.
AS 21.06.020 Division of insurance.
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(a) There is created within the Department of Commerce, Community, and Economic Development a division of insurance, which shall be located in or convenient to the office occupied by the commissioner of commerce, community, and economic development. (b) The division of insurance …
AS 21.06.030 Deputies and assistants; volunteers.
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(a) The director may appoint a chief deputy, who shall be in charge of the division of insurance under the direction and control of the director. (b) The director may appoint additional deputies for purposes designated by the director. (c) The director may employ a competent insu…
AS 21.06.040 Prohibited interests, rewards. [Repealed, § 47 ch 29 SLA 1987.]
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[Repealed or reserved.]
AS 21.06.050 Delegation of authority.
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(a) The director may delegate to a deputy, assistant, examiner, or employee of the division the exercise or discharge in the director's name of a power, duty, or function, whether ministerial or discretionary, vested by this title in the director. (b) The director is responsible …
AS 21.06.060 Records.
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(a) The director shall enter in permanent form records of official transactions, examinations, investigations, and proceedings and keep those records in the office of the director. The records and insurance filings in the office of the director are open to public inspection, exce…
AS 21.06.070 Evidence.
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(a) A copy of a record or document in the office of the director that is certified as a true copy by the director shall be received in evidence in any court as if it were the original. (b) The director shall furnish upon request a certificate as to the authority of a person to tr…
AS 21.06.080 General powers, duties; catastrophes.
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(a) The director shall enforce the provisions of this title, and shall execute the duties imposed by this title. (b) The director has the power and authority expressly conferred by or reasonably implied from the provisions of this title. (c) The director may conduct examinations …
AS 21.06.085 Uniform data and procedures for health claims.
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(a) The director shall adopt by regulation uniform claims forms, uniform standards, and uniform procedures for the processing of data relating to billing for and payment of health care services provided to state residents. A health care insurer shall use the uniform claims forms …
AS 21.06.087 Insurance report.
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[Repealed or reserved.]
AS 21.06.090 Regulations.
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(a) The director may adopt reasonable regulations to effectuate this title. A regulation may not extend, modify, or conflict with any law of this state or the reasonable implications thereof. Except for regulations adopted under AS 21.06.250, a regulation affecting a person or ma…
AS 21.06.100 Orders, notices.
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(a) Orders and notices of the director are not effective unless in writing signed by or under the authority of the director. (b) Every order must state its effective date and must concisely state (1) its intent or purpose; (2) the grounds on which it is based; (3) the provisions …
AS 21.06.110 Director's annual report.
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As early in each calendar year as is reasonably possible, the director shall prepare and deliver an annual report to the commissioner, who shall notify the legislature that the report is available, showing, with respect to the preceding calendar year, (1) a list of the authorized…
AS 21.06.115 Duty to inform public.
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The director shall regularly inform the public of matters concerning the purchase, price, coverage, benefits, and rights of insurance marketed in this state and make available information on availability of the services of the division of insurance. The director shall prepare, pu…
AS 21.06.120 Examination of insurers.
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(a) The director may examine the affairs, transactions, accounts, records, and assets of each authorized and formerly authorized insurer and each licensed and formerly licensed managing general agent, reinsurance intermediary broker, reinsurance intermediary manager, surplus line…
AS 21.06.130 Examination of producers, adjusters, and promoters.
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(a) To determine compliance with this title, the director may, as often as the director has reasonable cause, examine or require a written report from a person of the accounts, records, documents, and transactions pertaining to or affecting the insurance affairs or proposed insur…
AS 21.06.140 Conduct of examination.
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(a) The director shall conduct the examination at the home office of a domestic, foreign, or Canadian insurer, or the United States branch office of an alien insurer, or in any of its branch or agency offices; or with respect to persons other than insurers, at the office or other…
AS 21.06.150 Examination reports.
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(a) An examination report may only consist of facts appearing upon the books, records, or other documents of the examined person, the person's agents, or other persons examined, or facts determined from the testimony of officers, agents, or other persons examined concerning the p…
AS 21.06.160 Examination expense.
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(a) Each person examined, other than examinations under AS 21.06.130 and examinations of managing general agents, third-party administrators, reinsurance intermediary managers, motor vehicle service contract providers, or surplus lines brokers, shall pay a reasonable rate calcula…
AS 21.06.165 Immunity for director and others.
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(a) The director, employees or agents of the division, and the National Association of Insurance Commissioners and its employees, are not liable for civil damages for an act or omission in the execution of their authorized activities or duties under this title, or for the publica…
AS 21.06.170 Witnesses, evidence, and contempt.
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(a) With respect to the subject of an examination, investigation, or hearing being conducted by the director or an examiner, if general written authority has been given the examiner by the director, the director or the examiner may subpoena witnesses and administer oaths or affir…
AS 21.06.180 Hearings.
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(a) The director may hold hearings for any purpose within the scope of this title considered to be necessary. (b) The office of administrative hearings (AS 44.64.010) shall conduct a hearing on behalf of the director if required under AS 44.64.030. Otherwise, the director shall c…
AS 21.06.190 Stay of action.
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(a) Except as provided in AS 21.27.420(d), a demand for a hearing received by the director before the effective date of an order issued or within 10 days after an order is delivered stays the effectiveness of the order pending the hearing and an order made thereon, except as to a…
AS 21.06.200 Notice of hearing.
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Not less than 20 days in advance, the administrative law judge or director shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. If the persons to be given notice are not specified in the provision under which the hearing is …
AS 21.06.210 Hearing procedure.
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(a) The administrative law judge or director shall allow a party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence …
AS 21.06.220 Order on hearing.
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(a) In conducting the hearing, the administrative law judge or director shall sit in a quasi-judicial capacity. Within 45 days after termination of the hearing, rehearing, or reargument, the director shall make an order on hearing, covering matters involved in the hearing, rehear…
AS 21.06.230 Appeals from the director.
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A person aggrieved by an order of the director may appeal the order to the superior court using procedures provided by court rule.
AS 21.06.240 Hearings inapplicable to rate making.
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The hearing and appeal procedures provided for in AS 21.06.180 — 21.06.230 do not apply to matters covered by AS 21.39 (Rates and Rating Organizations).
AS 21.06.250 Fees and licenses.
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The director shall collect in advance a fee for each license and for services performed by the division of insurance. Fees may be collected for but are not limited to applications, licenses and license renewals, certificates of authority, service of process, printed or photocopie…
AS 21.06.255 Information for child support purposes.
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Notwithstanding any other provision of this title, a natural person who applies for a license or requests renewal of a license issued by the director under this title shall provide the director with the person's social security number. Upon request, the director shall provide a s…
AS 21.06.260 Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]
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[Repealed or reserved.]