Text: HF00475 Text: HF00477 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 507F.1 CONSUMER ADVOCATE ON
1 2 INSURANCE – APPOINTMENT – POLITICAL ACTIVITY – REMOVAL.
1 3 1. The attorney general shall appoint a competent attorney
1 4 to the office of consumer advocate on insurance. The
1 5 appointment is subject to senate confirmation, in accordance
1 6 with section 2.32. The advocate's term of office is for four
1 7 years. The term begins and ends as set forth in section
1 8 69.19.
1 9 2. If a vacancy occurs in the office of consumer advocate
1 10 on insurance, the vacancy shall be filled for the unexpired
1 11 term in the same manner as an original appointment.
1 12 3. The consumer advocate on insurance shall devote the
1 13 advocate's entire time to the duties of the office. During
1 14 the consumer advocate's term of office the advocate shall not
1 15 be a member of a political committee, shall not contribute to
1 16 a political campaign fund other than through the income tax
1 17 checkoff for contributions to the Iowa election campaign fund
1 18 and the presidential election campaign fund, and shall not
1 19 take part in political campaigns or be a candidate for a
1 20 political office.
1 21 4. The attorney general may remove the consumer advocate
1 22 for malfeasance or nonfeasance in office, or for any cause
1 23 which renders the advocate ineligible for appointment, or if
1 24 incapable or unfit to discharge the duties of the advocate's
1 25 office. The consumer advocate's removal, when so made, is
1 26 final.
1 27 Sec. 2. NEW SECTION. 507F.2 DUTIES.
1 28 The office of the consumer advocate on insurance shall:
1 29 1. Adopt rules pursuant to chapter 17A and perform other
1 30 duties necessary to the administration of this chapter.
1 31 2. Investigate the legality of all rates, charges, rules,
1 32 regulations, and practices of all persons under the
1 33 jurisdiction of the insurance division, and institute civil
1 34 proceedings before the division of insurance or any court to
1 35 correct any illegality on the part of any such person. In any
2 1 investigation, the person acting for the office of the
2 2 consumer advocate on insurance shall have the power to ask the
2 3 commissioner of insurance to issue subpoenas, compel the
2 4 attendance and testimony of witnesses, and the production of
2 5 papers, books, and documents.
2 6 3. Make recommendations to the general assembly regarding
2 7 insurance regulation.
2 8 4. Make recommendations to the insurance division or any
2 9 other governmental agency which has an impact on insurance
2 10 regulation in the state through rulemaking, and shall review
2 11 and, if the advocate deems it to be in the public interest,
2 12 appeal the rulemaking or contested case decisions of the
2 13 insurance division or any other governmental agency which has
2 14 an impact on insurance regulation in the state.
2 15 5. Represent the interests of the public relating to
2 16 insurance reform, coverage, and rates where action is
2 17 necessary for the protection of public rights.
2 18 6. Institute judicial review of final or interlocutory
2 19 actions of the insurance division if the review is deemed to
2 20 be in the public interest.
2 21 7. Act as attorney for and represent all consumers
2 22 generally and the public generally in all proceedings before
2 23 the insurance division, federal and state agencies, and
2 24 related judicial review proceedings and appeals.
2 25 8. Appear for all consumers generally and the public
2 26 generally in all actions instituted in any state or federal
2 27 court which involve the validity of a rule, regulation, or
2 28 order of the insurance division.
2 29 9. Appear and participate as a party in the name of the
2 30 office of consumer advocate on insurance in the performance of
2 31 the duties of the office.
2 32 Sec. 3. NEW SECTION. 507F.3 OFFICE – EMPLOYEES –
2 33 EXPENSES.
2 34 1. The office of the consumer advocate on insurance shall
2 35 be located within the office of the attorney general.
3 1 Administrative support services shall be provided to the
3 2 consumer advocate by the office of the attorney general.
3 3 2. The consumer advocate on insurance may employ
3 4 attorneys, legal assistants, secretaries, clerks, and other
3 5 employees the consumer advocate finds necessary for the full
3 6 and efficient discharge of the duties and responsibilities of
3 7 the office. The consumer advocate on insurance may employ
3 8 consultants as expert witnesses or technical advisors pursuant
3 9 to contract as the consumer advocate finds necessary for the
3 10 full and efficient discharge of the duties of the office.
3 11 Employees of the consumer advocate, other than the consumer
3 12 advocate, are subject to merit employment, except as provided
3 13 in section 19A.3.
3 14 3. The salary of the consumer advocate on insurance shall
3 15 be fixed by the attorney general within the salary range set
3 16 by the general assembly. The salaries of employees of the
3 17 consumer advocate on insurance is as provided by law. The
3 18 appropriation for the office of consumer advocate on insurance
3 19 shall be a separate line item contained in the appropriation
3 20 from the general fund of the state to the department of
3 21 justice.
3 22 Sec. 4. NEW SECTION. 507F.4 INSURANCE DIVISION RECORDS.
3 23 The consumer advocate on insurance has free access to all
3 24 the files, records, and documents in the office of the
3 25 insurance division except:
3 26 1. Personal information in confidential personnel records
3 27 of the insurance division.
3 28 2. Records which represent and constitute the work product
3 29 of the general counsel of the insurance division where the
3 30 records relate to a proceeding before the division in which
3 31 the consumer advocate is a party or a proceeding in any state
3 32 or federal court in which both the division and the consumer
3 33 advocate are parties.
3 34 3. Insurer information of a confidential nature which
3 35 could jeopardize an insurer's competitive status and is
4 1 provided by an insurer to the division. However, such
4 2 information shall be provided to the consumer advocate by the
4 3 insurance division, if the division determines it to be in the
4 4 public interest.
4 5 Sec. 5. NEW SECTION. 507F.5 SERVICE.
4 6 The consumer advocate on insurance is entitled to service
4 7 of all documents required by statute or rule to be served on
4 8 parties in proceedings before the insurance division and all
4 9 notices, petitions, applications, complaints, answers,
4 10 motions, and other pleadings filed pursuant to statute or rule
4 11 with the division.
4 12 Sec. 6. NEW SECTION. 507F.6 CONSUMER ADVOCATE ON
4 13 INSURANCE ADVISORY COMMITTEE.
4 14 The attorney general shall appoint seven members to a
4 15 consumer advocate on insurance advisory committee to meet at
4 16 the request of the consumer advocate for consultation
4 17 regarding the protection of public rights in insurance
4 18 regulation. A member shall be appointed from each
4 19 congressional district with the appointee residing within the
4 20 district at the time of the appointment. The remaining
4 21 appointees shall be members at large. Members shall be
4 22 appointed which represent the various sectors of the
4 23 population and appointments shall be made in compliance with
4 24 section 69.16 and 69.16A. The members shall serve four-year
4 25 terms and their appointments are not subject to confirmation
4 26 by the senate. A vacancy shall be filled in the same manner
4 27 as the original appointment for the unexpired portion of the
4 28 member's term. Members of the committee shall serve without
4 29 compensation, but shall be reimbursed for actual expenses from
4 30 funds appropriated to the office of the consumer advocate on
4 31 insurance.
4 32 EXPLANATION
4 33 This bill establishes the position of consumer advocate on
4 34 insurance to be appointed by the attorney general and to be
4 35 located in the office of the attorney general. The bill
5 1 establishes the duties of the consumer advocate on insurance
5 2 and the terms of office of the consumer advocate, provides for
5 3 the employment of staff by the office of the consumer
5 4 advocate, and provides for the appointment of an advisory
5 5 committee to the consumer advocate on insurance.
5 6 LSB 2455HH 77
5 7 pf/jj/8.1
Text: HF00475 Text: HF00477 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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