Home Table of Contents

§ 325.42. Powers and duties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: December 6, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 1. Insurance Department (Refs & Annos)
Article XI. Insurance Fraud Prevention Authority (Refs & Annos)
Subarticle C. Section of Insurance Fraud
Effective: December 6, 2002
40 P.S. § 325.42
§ 325.42. Powers and duties
The section shall have the powers necessary and convenient to carry out and effectuate the purposes and provisions of this article and the powers delegated by other laws, including, but not limited to, the power:
(1) To employ administrative, professional, clerical and other personnel as may be required and organize the staff as may be appropriate to effectuate the purposes of this article.
(2) To initiate inquiries and conduct investigations when the section has reason to believe that insurance fraud may have been or is being committed.
(3) To respond to notifications or complaints of suspected insurance fraud generated by State and local police, other law enforcement authorities, governmental units, including the Federal Government, and the general public.
(4) To review notices and reports of insurance fraud submitted by authorized insurers, their employees and licensed insurance agents or producers and to select those incidents of suspected fraud as, in its judgment, require further investigation and undertake such investigation.
(5) To conduct independent examination of insurance fraud, conduct studies to determine the extent of insurance fraud, deceit or intentional misrepresentation of any kind in the insurance process and publish information and reports on such examinations or studies.
(6) To prosecute both on its own and in conjunction with other sections and divisions within the Office of Attorney General any incidents of insurance fraud involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state disclosed by its investigations and to assemble evidence, prepare charges, bring charges or, upon request of any other prosecutorial authority, otherwise assist that prosecutory authority having jurisdiction over such incidents.
(7) To report incidents of insurance fraud disclosed by its investigations to any other appropriate law enforcement, administrative, regulatory or licensing agency.
(8) To pay over all civil and criminal fines and penalties collected for violations and acts subject to investigation and prosecution into the fund.
(9) To undertake programs to investigate insurance fraud and to meet, at least on a quarterly basis, with the Insurance Fraud Prevention Authority.
(10) To employ investigators trained in accordance with the act of June 18, 1974 (P.L. 359, No. 120),1 referred to as the Municipal Police Education and Training Law. The laws applicable to law enforcement officers of this Commonwealth shall be applicable to the investigators. Investigators of the section shall have the following additional powers:
(i) To make arrests in accordance with existing jurisdictional rules for criminal violations established as a result of their investigations.
(ii) To execute arrest and search warrants in accordance with existing jurisdictional rules for the same criminal violations.
(11) To designate, if evidence, documentation and related materials sought are located outside of this Commonwealth, representatives, including officials of the state where the matter is located, to secure the matter or inspect the matter on its behalf. The person so requested shall either make the matter available to the section or shall make the matter available for inspection or examination by a designated representative of the section.

Credits

1921, May 17, P.L. 789, art. XI, § 1142, added 2002, Dec. 6, P.L. 1183, No. 147, § 2, imd. effective.

Footnotes

53 Pa.C.S.A. § 2161 et seq.
40 P.S. § 325.42, PA ST 40 P.S. § 325.42
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document