# K.S.A. § 40-3307: 40-3307 - Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas > Kansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3307 ## Section - **Citation:** K.S.A. § 40-3307 - **Heading:** 40-3307 - Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas - **Jurisdiction:** Kansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KS Code / Chapter 40 / Article 33 / Section 40-3307 ## Text 40-3307. Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas. (a) Subject to the limitation contained in this section and in addition to the powers that the commissioner of insurance has under K.S.A. 40-222 and K.S.A. 40-222a, and amendments thereto, relating to the examination of insurers, the commissioner of insurance shall have the power to examine any insurer registered under K.S.A. 40-3305, and amendments thereto, and such insurer's affiliates to ascertain the financial condition of such insurer including the enterprise risk to the insurer by the ultimate controlling party or by any entity or combination of entities within the insurance holding company system or by the insurance holding company system on a consolidated basis. (b) (1) The commissioner of insurance may order any insurer registered under K.S.A. 40-3305, and amendments thereto, to produce such records, books or other information in the possession of the insurer or its affiliates as are reasonably necessary to determine compliance with this act. (2) To determine compliance with this act, the commissioner of insurance may order any insurer registered under K.S.A. 40-3305, and amendments thereto, to produce information not in the possession of the insurer, if the insurer can obtain access to such information pursuant to contractual relationships, statutory obligations or another method. In the event that the insurer cannot obtain the information requested by the commissioner of insurance, the insurer shall provide the commissioner of insurance a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information. Whenever it appears to the commissioner of insurance that the detailed explanation is without merit, the commissioner of insurance may require, after notice and hearing, the insurer to pay a penalty of not more than $1,000 for each day's delay or may suspend or revoke the license of the insurer. (c) The commissioner of insurance may retain at the registered insurer's expense such attorneys, actuaries, accountants and other experts not otherwise a part of the staff of the commissioner of insurance as the commissioner of insurance shall determine to be reasonably necessary to assist in the conduct of the examination under subsection (a). Any persons so retained shall be under the direction and control of the commissioner of insurance and shall act in a purely advisory capacity. (d) Each registered insurer producing examination records, books and papers pursuant to subsection (a) shall be liable for and shall pay the expense of such examination in accordance with K.S.A. 40-223 and 40-253, and amendments thereto. (e) The commissioner of insurance shall have the power to issue subpoenas, administer oaths and examine under oath any person for purposes of determining compliance with this section. Upon the failure or refusal of any person to obey a subpoena, the commissioner of insurance may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. Every person subpoenaed shall be obliged to attend as a witness at the place specified in the subpoena, when subpoenaed, anywhere within the state. Such subpoenaed person shall be entitled to the same fees and mileage, if claimed, as a witness in K.S.A. 28-125, and amendments thereto. Fees, mileage and actual expense, if any, necessarily incurred in securing the attendance and testimony of witnesses shall be itemized, charged against and paid by the company being examined. ## Nearby sections - [K.S.A. § 40-3301 40-3301 - Declaration of public interest and policy.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3301.md) - [K.S.A. § 40-3302 40-3302 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3302.md) - [K.S.A. § 40-3303 40-3303 - Domestic insurer's acquisition of subsidiaries; authorized investments.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3303.md) - [K.S.A. § 40-3304 40-3304 - Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, authorization of commissioner to set and publish filing fee; substitution of securities registration statement; disapproval of transaction, hearing; consolidated hearing and opt-out; retainer of professionals and experts to assist review; exempt transactions; violations; jurisdiction of courts; service of process.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3304.md) - [K.S.A. § 40-3305 40-3305 - Insurers of an insurance holding company system subject to registration; annual groups capital calculation and NAIC liquidity stress test framework, when required.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3305.md) - [K.S.A. § 40-3306 40-3306 - Insurer deemed by commissioner to be in hazardous financial condition; deposit or bond required, when; amount of deposit; disposition of records, data and premiums held by affiliate of an insurer.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3306.md) - [K.S.A. § 40-3307 40-3307 - Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3307.md) - [K.S.A. § 40-3308 40-3308 - Confidentiality of information and documents disclosed to or filed with commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3308.md) - [K.S.A. § 40-3309 40-3309 - Rules, regulations and orders of commissioner; hearings.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3309.md) - [K.S.A. § 40-3310 40-3310 - Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3310.md) - [K.S.A. § 40-3311 40-3311 - Violations of act; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3311.md) - [K.S.A. § 40-3315 40-3315 - Liquidation or rehabilitation of insurer; what is recoverable by receiver.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3315.md) - [K.S.A. § 40-3316 40-3316 - Supervisory college; powers of commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3316.md) - [K.S.A. § 40-3317 40-3317 - Citation of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3317.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3307. 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