Examkin

Question

Difficulty: EasyDepartment of Insurance Powers and Duties

When operating within their official capacity, a state Commissioner of Insurance has the authority to perform various regulatory functions. Which of the following is a lawful exercise of the Department's power?

  1. Issuing administrative rules to detail how a new legislative statute will be implementedAnswer
  2. B
    Introducing and passing new statutory laws regarding mandatory health coverage
  3. C
    Determining the final prison sentences for agents convicted of embezzlement
  4. D
    Utilizing state tax revenue to directly pay the outstanding claims of an insolvent insurer

Answer

Issuing administrative rules to detail how a new legislative statute will be implemented
The Commissioner of Insurance oversees the Department of Insurance and is responsible for administering and enforcing the state's insurance code. An essential part of this enforcement duty is issuing administrative rules and regulations that provide specific guidance on how insurers and producers must comply with the statutes passed by the state legislature.

Step-by-Step Solution

1
Identify the primary constitutional role of the Department of Insurance.
The Department operates within the executive branch, meaning its role is to administer and enforce the laws.
Understanding the separation of powers helps eliminate actions that belong to other branches of government.
2
Evaluate the choices against known regulatory limitations.
Passing laws belongs to the legislature, prison sentencing belongs to the courts, and insolvent insurer claims belong to the Guaranty Association.
Eliminating actions outside the Commissioner's scope reveals the correct administrative function.

Key Concept

Scope of Regulatory Authority
Rate this question

Topics

Department of Insurance Powers and Duties

More questions from this topic