                                 CODE OF VIRGINIA

DUTIES AND POWERS OF THE COMMISSION (§ 38.2-1707)

A. In addition to the duties and powers enumerated elsewhere in this chapter,
the Commission shall:

   1. Upon request of the board of directors, provide the Association with a
   statement of the premiums in the appropriate states for each member insurer;

   2. When an impairment is declared and the amount of the impairment is
   determined, serve a demand upon the impaired insurer to make good the
   impairment within a reasonable time. Notice to the impaired insurer shall
   constitute notice to its shareholders, if any. The failure of the impaired
   insurer to promptly comply with this demand shall not excuse the Association
   from the performance of its powers and duties under this chapter; and

   3. Be appointed as the liquidator or rehabilitator in any liquidation or
   rehabilitation proceeding involving a domestic member insurer. If a foreign or
   alien member insurer is subject to a liquidation proceeding in its domiciliary
   jurisdiction or state of entry, the Commission shall be appointed conservator.

B. The Commission may suspend or revoke, after notice and hearing, the license
to transact business in the Commonwealth of any member insurer that fails to pay
an assessment when due or fails to comply with the plan of operation. As an
alternative the Commission may levy a forfeiture on any member insurer that
fails to pay an assessment when due. The forfeiture shall not exceed five
percent of the unpaid assessment per month, but no forfeiture shall be less than
$100 per month.

C. Any action of the board of directors or the Association may be appealed to
the Commission by any member insurer if the appeal is taken within 30 days of
the action being appealed. Any final action or order of the Commission shall be
subject to judicial review in accordance with the provisions of &#xA7;&#xA7;
12.1-39 through 12.1-41.

D. The liquidator, rehabilitator, or conservator of any impaired or insolvent
insurer may notify all interested persons of the effect of this chapter.

HISTORY: 1976, c. 330, § 38.1-482.25; 1986, c. 562; 2010, c. 510; 2018, c. 706.