405-A:10 Administrative and Procedural Authority Regarding Risk Retention Groups and Purchasing Groups. –
The commissioner is authorized to make use of any of the powers established under the insurance laws of this state to enforce the laws of this state with regard to risk retention groups and purchasing groups so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1986, including the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner may rely on the procedural laws of this state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.