# K.S.A. § 40-3011: 40-3011 - Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3011

## Section

- **Citation:** K.S.A. § 40-3011
- **Heading:** 40-3011 - Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 40 / Article 30 / Section 40-3011

## Text

40-3011. Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act. In addition to the duties and powers enumerated in this act:

(a) The commissioner shall:

(1) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate state for each member insurer;

(2) when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the impaired insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this act;

(3) in any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.

(b) The commissioner may suspend or revoke, after notice and hearing in accordance with the provisions of the Kansas administrative procedure act, the certificate of authority to transact insurance business in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. Such forfeiture shall not exceed 5% of the unpaid assessment per month, but a forfeiture shall be not less than $100 per month.

(c) Any final action of the board of directors or the association may be appealed to the commissioner by any member insurer if such appeal is taken within 60 days of the final action being appealed. A final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the commissioner.

(d) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this act.

## Nearby sections

- [K.S.A. § 40-3001 40-3001 - Name and citation of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3001.md)
- [K.S.A. § 40-3002 40-3002 - Purpose of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3002.md)
- [K.S.A. § 40-3003 40-3003 - Persons provided coverage; policies and contracts specified.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3003.md)
- [K.S.A. § 40-3005 40-3005 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3005.md)
- [K.S.A. § 40-3006 40-3006 - Creation of Kansas life and health insurance guaranty association; members; functions and powers; accounts; association under supervision of commissioner and insurance laws of state; meetings or records.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3006.md)
- [K.S.A. § 40-3007 40-3007 - Board of directors of association; membership; selection; approval; vacancies; compensation; removal.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3007.md)
- [K.S.A. § 40-3008 40-3008 - Powers and duties of association; limitations of liability of association; mandatory payment of certain claims.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3008.md)
- [K.S.A. § 40-3009 40-3009 - Assessment of member insurers to provide funds for administration of association; classes of assessment; limitations; refunds to insurers; certificates of contribution.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3009.md)
- [K.S.A. § 40-3010 40-3010 - Plan of operation; powers of commissioner; rules and regulations; mandatory and permissive provisions of plan; reimbursement for certain payments.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3010.md)
- [K.S.A. § 40-3011 40-3011 - Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3011.md)
- [K.S.A. § 40-3012 40-3012 - Duties of commissioner and board for the detection and prevention of insurer impairments; reports and recommendations of board to commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3012.md)
- [K.S.A. § 40-3013 40-3013 - Liability for unpaid assessments of insureds of impaired or insolvent insurers under plan; records of negotiations made public, when; association deemed creditor, when; use of assets of impaired or insolvent insurer; equitable distribution of rights; recovery of distributions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3013.md)
- [K.S.A. § 40-3014 40-3014 - Examination and regulation by commissioner; financial report.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3014.md)
- [K.S.A. § 40-3015 40-3015 - Association exempt from certain fees and taxes.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3015.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A30_S40-3011. Check the current official text before relying on it. Not legal advice.
