Title 26, Insurance Code

Insurance commissioner; salary. The commissioner shall receive a salary as provided under W.S. 9-2-3207.

Deputy commissioner, examiners, clerks, assistants and consultants. (a) The commissioner, with the governor's approval, may appoint a deputy commissioner and may revoke the appointment at his pleasure. (b) The commissioner may appoint examiners, clerks and other necessary assista…

Conflict of interest prohibited; additional compensation prohibited. (a) The commissioner or his deputy, or any examiner, assistant or employee of the department shall not: (i) Be connected with the management of or be financially interested in any insurer, insurance agency or in…

Commissioner; delegation of authority. (a) The commissioner may delegate to his deputy or any department employee the exercise or discharge in the commissioner's name of any power, duty, or function vested in or imposed upon the commissioner under this code, other than the superv…

Commissioner; powers and duties generally. (a) The commissioner shall: (i) Personally supervise the department operations; (ii) Examine and inquire into violations of this code; (iii) Enforce this code with impartiality; (iv) Execute the duties imposed upon him by this code; (v) …

Rules and regulations. (a) Subject to the requirements of the Wyoming Administrative Procedure Act , the commissioner may make reasonable rules and regulations necessary to carry out any provision of this code. No rule or regulation shall extend, modify or conflict with any law o…

Orders and notices of commissioner; contents; delivery. (a) Orders and notices of the commissioner are effective only when in writing signed by him or by his authority. (b) Except as otherwise expressly provided by law as to particular orders, any order of the commissioner shall …

Enforcement of code and orders; injunctions; penalty for violation of orders. (a) The commissioner, upon the advice of and through the attorney general, may invoke the aid of the courts through injunction or other proper process to enforce any proper order he makes or action he t…

Records and other papers; generally. (a) The commissioner shall: (i) File in the department and safely keep all statements, reports, filings and papers required by law; (ii) Preserve in the department in permanent form records of his proceedings, hearings, investigations and exam…

Records and other papers; reproductions and certified copies. (a) Reproductions of records or documents on file in the department, when certified by the commissioner, shall be received in evidence in all proceedings and courts and have the same effect and force as the originals. …

Report to governor. (a) The commissioner, as required by W.S. 9-2-1014, shall report to the governor showing: (i) A list of authorized insurers transacting insurance in this state, with any tabular summary of their financial statements as he deems appropriate; (ii) Names of all i…

Examination of insurers. (a) For the purpose of determining financial condition, ability to fulfill and manner of fulfillment of its obligations, the nature of its operations and compliance with law, the commissioner or any of his examiners may examine any insurer as often as he,…

Examination of other than insurers. (a) For the purpose of ascertaining compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the commissioner, as often as he deems advisable, may examine the accounts, records, documents an…

Examinations; generally. (a) Each examination shall be expeditious, fair and impartial. Upon determining that an examination should be conducted the commissioner or his designee shall issue an examination warrant appointing one (1) or more examiners to perform the examination and…

Examinations; deceit and obstruction during examination prohibited. No person shall make or authorize any false certificate, entry, memorandum or writing in or relative to the books, records, files, documents and affairs of the person being examined with the intent to deceive the…

Examinations; report; contents. (a) No later than sixty (60) days following completion of the examination the examiner in charge shall make a verified, full and true written report of any examination he makes and shall therein certify under oath the report and his findings. Inves…

Examinations; expense. (a) The reasonable and proper expense of examination of an insurer or of any person referred to in W.S. 26-2-117(a)(ii) or (iv) shall be borne by the person examined, unless the expense has been otherwise provided for by the insurer having paid the assessme…

Witnesses; evidence; subpoenas. (a) In any examination or investigation the department conducts, the commissioner or any representative he appoints may: (i) Administer oaths and affirmations; (ii) Examine and cross-examine witnesses; (iii) Receive oral and documentary evidence; (…

Immunity from prosecution when testimony is compelled; exception for perjury; waiver of immunity. (a) If any person asks to be excused from attending or testifying or from producing any books, papers, records, correspondence, documents or other evidence in connection with any exa…

Commissioner's hearings; generally; when required; request for hearing; stay. (a) The commissioner may hold a hearing without request by others for any purpose within the scope of this code. (b) The commissioner shall hold a hearing: (i) If required by this code or the Wyoming Ad…

Commissioner's hearings; notice of hearing; contents; delivery. (a) Unless a longer period is expressly provided in this code, the commissioner shall give written notice of the hearing not less than ten (10) days in advance. If the persons to be given notice are not specified in …

Commissioner's hearings; procedure. (a) The commissioner shall allow any party to the hearing to: (i) Appear in person and by counsel; (ii) Be present during the giving of all evidence; (iii) Have a reasonable opportunity to inspect all documentary and other evidence; (iv) Examin…

Commissioner's hearings; commissioner's orders after hearing. (a) Within thirty (30) days after termination of a hearing, or within sixty (60) days after termination if a transcript of the proceedings is to be made, or of any rehearing or reargument thereof, or within any other p…

Commissioner's hearings; appeals; procedure; injunctions. (a) An appeal shall be taken only: (i) From the commissioner's order on hearing; or (ii) As to a matter on which the commissioner fails to: (A) Hold a hearing after application therefor under W.S. 26-2-125; or (B) Make and…

Cease and desist authority. (a) The commissioner may issue a cease and desist order if: (i) It appears from specific facts shown by affidavit that a person, as defined by W.S. 26-1-102(a)(xx), is engaging in any act or practice prohibited under this code which is causing or can b…

Immunity from liability. (a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while ca…

Disclosure of nonpublic personal information; rulemaking; rulemaking authority limited. (a) The commissioner is authorized to adopt rules necessary to govern the practices of all persons licensed under this code with respect to the disclosure of nonpublic personal financial and h…

Limiting the use of credit scoring; rulemaking. (a) The commissioner is authorized to adopt rules as necessary to govern the practices of all persons licensed under this code with respect to the use of credit scoring in the underwriting of personal lines, motor vehicles and homeo…

Deposit of fees. The state treasurer shall place all fees received by the commissioner as provided in W.S. 26-2-205(c) in the state general fund.

Expenditures of the department. The state treasurer shall make payments on warrants drawn by the state auditor, upon vouchers issued and signed by the commissioner or his designee, for expenditures required to carry out the functions of the department pursuant to the appropriatio…

Insurers assessed for department expenditures. (a) In addition to any other tax, license or fee imposed by law, each authorized insurer shall pay to the commissioner on or before June 1 of each year a fee for the privilege of transacting the business of insurance in this state, c…

Time for payment; penalties. (a) If any insurer does not pay the assessment on or before June 1 of the year in which assessed or as otherwise ordered pursuant to W.S. 26-2-208, the assessment is delinquent. If the assessment is delinquent, the commissioner may suspend or revoke t…

Newly authorized insurers. (a) Any insurer becoming first authorized after December 31 shall pay to the commissioner the amount determined pursuant to W.S. 26-2-204 prior to the commissioner issuing it a certificate of authority. The commissioner shall deposit the fee as provided…

Other powers unaffected. Nothing in this article alters or amends the commissioner's authority, obligations or duties under W.S. 26-2-116 through 26-2-125, nor does this article exempt an insurer examined by the department pursuant to W.S. 26-2-116(b) from the payments required u…

Additional assessment authorized. If it appears to the commissioner that the total amount of assessments actually collected will not equal the authorized expenditures of the department for any biennial appropriation period, with the governor's approval, he shall make any addition…

Deduction allowed for retaliation. Notwithstanding any other law, if any domestic insurer is required to pay additional taxes or fees to some other jurisdiction because of this article under the color of a retaliatory statute or other similar law, the insurer may deduct the addit…