Title 41 — INSURANCE

41-201. Department of insurance. There is hereby created the department of insurance of the state of Idaho. The department shall, for the purposes of section 20, article IV, of the Constitution of the state of Idaho, be an executive department of the state government. The departm…

41-202. Director — Appointment — Term — Qualifications. (1) The director of the department of insurance shall be the chief executive officer of the department of insurance. (2) The director shall be appointed by the governor and shall hold office for a term of four (4) years, sub…

41-203. Terms construed. Wherever the words "commissioner of insurance" or "insurance commissioner" appear in title 41, Idaho Code, or elsewhere in the Idaho Code, they shall be understood and construed to mean the director of the department of insurance.

41-204. Director’s oath and bond. At the time of taking office the director shall take an oath of office, and give bond in favor of the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code. The oath shall be filed with the secretary of state.

41-205. Official seal. (1) The director shall have an official seal, in the form and design as so in use immediately prior to the effective date of this code. (2) The director shall issue under his official seal all certificates, other than licenses of agents, brokers, adjusters,…

41-206. Divisions and employees. (1) The department shall be organized into such divisions and such other units as may be administratively established in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appoint…

41-207. Delegation of powers. (1) The director may delegate to his deputy, assistant, counsel, actuary, examiner or employee, the exercise or discharge in the director’s name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in o…

41-208. Prohibited interests, rewards. (1) The director or any deputy, actuary, examiner, assistant or employee of the director shall not be a director, officer, or employee of any insurer or be financially interested in the business of any insurer, except as a policyholder or cl…

41-209. Professional services. (1) Upon a domestic insurer’s written request to the director, the director may authorize an examiner, actuary, or other insurance technician appointed or employed by the director, to render to the insurer such professional or technical services as …

41-210. General powers, duties. (1) The director shall enforce the provisions of this code, and shall execute the duties imposed upon him by this code. (2) The director shall have the powers and authority expressly conferred upon him by or reasonably implied from the provisions o…

41-211. Rules. (1) The director may make reasonable rules necessary for or as an aid to the effectuation of any provision of this code. No such rule shall extend, modify, or conflict with any law of this state or the reasonable implications thereof. (2) Any such rule affecting pe…

41-212. Orders, notices. (1) Orders and notices of the director shall be effective only when in writing signed by him or by his authority. (2) Every such order shall state its effective date, and shall concisely state: (a) Its intent or purpose. (b) The grounds on which based. (c…

41-213. Enforcement. (1) The director may institute such suits or other lawful proceedings as he may deem necessary for the enforcement of any provision of title 41, Idaho Code. If the director believes that any person has engaged in or is about to engage in any act or practice c…

41-214. Records — Reproduction — Destruction. (1) The director shall preserve in permanent form records of his proceedings and hearings and including a concise statement of the results of any investigations or examinations of insurers, and shall file such records in the departmen…

41-215. Use of reproductions and certified copies as evidence. (1) Photographs or microphotographs in the form of film or prints of documents and records made under section 41-214(3) shall have the same force and effect as the originals thereof, and duly certified or authenticate…

41-216. Director’s annual report. As early after July 1 as is consistent with full and accurate preparation the director annually shall transmit to the governor a report of his official transactions containing with respect to the calendar year next preceding: (1) A list of all au…

41-217. Publications authorized. The director shall publish, by printing or other suitable form of reproduction: (1) Pamphlet or booklet copies of the insurance laws of this state; (2) The director’s annual report; (3) Such copies of results of investigations or examinations of i…

41-218. Publications — Sale. (1) The director shall fix a price at not less than cost of distribution and printing or other reproduction, to be paid by persons requesting copies of the insurance laws and such other publications referred to in section 41-217 as he deems proper to …

41-219. Examination of insurers. (1) For the purpose of determining its financial condition, ability to fulfill and manner of fulfillment of its obligations, the nature of its operations, and compliance with the law, the director shall examine the affairs, transactions, accounts,…

41-220. Examination of agents, brokers, consultants, managers, adjusters, promoters. For the purpose of ascertaining compliance with law, and in addition to any right of examination otherwise provided, the director may as often as he deems advisable examine the accounts, records,…

41-221. Place of examination. (1) The examination may be conducted by the director or his accredited examiners at the offices wherever located of the person being examined and at such other places as may be required for determination of matters under examination. (2) In the case …

41-222. Examination cooperation with other states. As far as practical the director shall conduct the examination of a foreign or alien insurer in cooperation with the insurance supervisory officials of other states in which the insurer transacts business, and for the purpose the…

41-223. Conduct of examination — Access to records — Correction of accounts — Removal of records. (1) Upon determining that an examination should be conducted, the director or the director’s designee shall issue an examination warrant appointing one (1) or more examiners to perfo…

41-224. Examination — Appraisal of asset. (1) If the director deems it necessary to value any asset involved in such an examination, he may make written request of the person being examined to appoint one or more appraisers who by reason of education, experience or special traini…

41-225. Obstruction of examination — Penalty. Any individual who wilfully obstructs the director or his examiner in the conduct of any examination authorized by this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 41-117 (gene…

41-226. Examiners — Qualifications. For the conduct of or assistance in examinations under this chapter the director shall appoint as examiners only individuals who by reason of education, experience, or special training are competent to perform the duties and fulfill the respons…

41-227. Examination report. (1) The director or his examiner shall make a full and true written report of every examination made by him under this chapter, and shall verify the report by his oath. (2) The report shall comprise only facts appearing upon the books, papers, records …

41-228. Examination expense. (1) Every insurer or corporation so examined shall, at the direction of the director, pay the actual travel expenses, reasonable living expense allowance, and compensation, at reasonable rates customary for such examination and as approved by the dire…

41-229. Witnesses and evidence. (1) As to the subject of any examination, investigation, or hearing being conducted by him the director or any deputy or examiner appointed by him may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and…

41-230. Testimony compelled — Immunity from prosecution. (1) If any person asks to be excused from attending or testifying or from producing any books, papers, records, contracts, documents, or other evidence in connection with any examination, hearing, or investigation being con…

41-231. Hearings and appeal — Scope of provisions. Except as otherwise provided in title 41, Idaho Code, and to the extent not inconsistent therewith, chapter 52, title 67, Idaho Code, shall apply as to all hearings and as to all appeals from the director relative to any matter t…

41-232. Hearings in general. (1) The director may hold a hearing which he deems necessary for any purpose within the scope of this code. (2) The director shall hold a hearing: (a) If required by any provision of this code; or (b) Upon written demand for a hearing by a person aggr…

41-232A. Hearings upon the denial, nonrenewal, suspension or revocation of a certificate of authority or license or imposition of administrative penalties. (1) In the event the director denies an applicant’s application for a certificate of authority or for a license, the directo…

41-234. Place of hearing — Admission of public. The hearing shall be held at the place designated by the director, and at his discretion it may be open to the public.

41-235. Notice of hearing. (1) Except where a longer period of notice is provided by other provisions of this code relative to particular matters, not less than fourteen (14) days in advance the director shall give notice of the time and place of the hearing, stating the matters …

41-236. Show cause notice. If any person is entitled to a hearing by any provision of the insurance code before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such …

41-237. Adjourned hearing. The director may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing.

41-238. Nonattendance. The validity of any hearing held in accordance with the notice thereof shall not be affected by failure of any person to attend or to remain in attendance.

41-240. Order on hearing. (1) In the conduct of hearings under this code and making his order thereon, the director shall act in a quasi-judicial capacity. (2) Within thirty (30) days after termination of a hearing and completion of the transcript, if any, or of any rehearing the…

41-247. Inquiry powers of director. The director shall have power to direct an inquiry in writing to any person subject to his jurisdiction with respect to any insurance transaction or matter relative to a subject of insurance resident, located, or to be performed in this state. …

41-248. Interstate relations. If the matter that the director seeks to obtain by request is located outside the state, the person so requested may make it available to the director or his representative to examine the matter at the place where it is located. The director may desi…

41-249. Sharing of information among governmental agencies and the national association of insurance commissioners. (1) Any document, report, or other recorded information provided to the director by any federal, state or foreign regulatory or law enforcement agency, or any combi…

41-253. Statement of purpose — Adoption of international fire code. (1) The purpose of sections 41-253 through 41-269, Idaho Code, is to protect human life from fire, and to prevent fires. These sections are intended to prescribe regulations consistent with nationally recognized …

41-254. Powers and duties of state fire marshal — International fire code, enforcement and regulations — Reports. The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the dir…

41-255. Duties of state fire marshal. In addition to the duties prescribed in section 41-254, Idaho Code, the state fire marshal shall: (1) Administer and enforce this act. (2) Appoint, employ and discharge such deputies and other employees as in his judgment may be necessary, co…

41-256. Assistants to state fire marshal — Local appeal procedure. (1) The chief of the fire department, or his deputy, of every city or county, or fire protection district organized under state law in which a fire department is established, and in areas where no organized fire d…

41-257. State fire marshal as chief arson investigation officer. The state fire marshal shall be the chief arson investigation officer in the state, and shall have the same responsibility and power in arson investigation as a county sheriff. He shall not, however, interfere at an…

41-258. Report of losses by fire insurance companies to state fire marshal. Every fire insurance company authorized to transact business in this state is hereby required to report to the office of the state fire marshal, within seven (7) days after settlement of all fire losses o…

41-259. Inspection of buildings — Order of remedy or removal — Service of order. The state fire marshal, his deputies or assistants, upon the written and signed complaint of any person or whenever he or they shall deem it necessary, may at reasonable hours inspect buildings and p…

41-260. Appeal from order of remedy or removal — Appeal from local appeal decision. If an order to remedy or remove, or a local appeal decision regarding the interpretation of the International Fire Code or rules of the state fire marshal, is made by the deputies or assistants of…