29.0205 Authority and powers.

Cite as [A.S.C.A. § 29.0205]

(a) The Commissioner has all the authority and powers specifically set out in this title, or as may be reasonably implied from the powers conveyed in this section, for the proper administration and enforcement of this title and other laws relating to the business of insurance.

(b) The Commissioner may examine, or cause to be examined, the books, papers and property, and the affairs of any insurer, broker, agent, solicitor, or rating bureau, or any person believed by him to be violating this title or other laws relating to the business of insurance, and generally, he may make such examinations, conduct such inquiries and hold such hearings as are specifically provided for in this title or as are reasonably necessary for the proper discharge of his duties.

(c) In connection with any examination, inquiry, or hearing, the Commissioner may administer oaths, summon and compel the attendance of witnesses, examine under oath all persons having information or believed by him to have information concerning the affairs of any insurer, broker, agent, solicitor, or rating bureau, or any person engaged in organizing, promoting, or forming an insurer, or any person whom the Commissioner believes is violating this title or other laws relating to the business of insurance, and compel that person to produce any books or papers under this custody or control relevant thereto.

(d) Should a person fail to comply with a subpoena issued under this title, or should a party or witness refuse to testify on any matter relevant to the investigation, examination, inquiry or hearing, the Commissioner may apply to the High Court of American Samoa, which shall compel obedience by proceeding for contempt as in the case of the crime of disobedience of a subpoena issued from such court or a refusal to testify therein.

(e) The Commissioner has such additional powers and duties as may be provided by the laws of American Samoa.

(f) The Commissioner is authorized to adopt rules under the Administrative Procedure Act 4.1001 et seq., by which insurers transacting motor vehicle liability insurance shall be required to participate in an equitable, assigned risk arrangement for liability insurance coverage of vehicles used in transportation of passengers for hire, including buses and taxis.

History: 1974, PL 13-58 § 1; 1979, PL 16-3 § 4.