§ 10-5-115 — Authority of commissioner - assistance of brokers' association

Colorado § 10-5-115

• Jurisdiction: Colorado
• Title 10: Insurance
• Art.: Nonadmitted Insurance

Text

(1)
The commissioner shall maintain such facilities as may be necessary to carry out
the purposes of this article.

(2) The commissioner may rely upon the advice and assistance of a duly
constituted association of brokers in carrying out the purposes of this article, if the
association files with the commissioner:

(a) A copy of the association's constitution and articles of agreement or
association or the association's certificate of incorporation and bylaws and any
rules or regulations governing the association's activities;

(b) (Deleted by amendment, L. 95, p. 496, � 16, effective May 16, 1995.)

(c) A list of the association's members;

(d) The name and address of a resident of this state upon whom notices or
orders of the commissioner or process issued by the commissioner may be served.

(2.5) The commissioner may examine the association's records concerning
the functions or duties performed on behalf of the commissioner by the association.

(3) The association shall provide a means for the examination of all surplus
line coverages written in this state to determine whether such coverages comply
with the law and such rules or regulations as may be issued by the commissioner.

(4) The commissioner may refuse to accept, or may suspend or revoke the
acceptance of, an association for any of the following reasons:

(a) It reasonably appears that the association will not be able to carry out the
purpose of this article;

(b) The association does not maintain and enforce rules or regulations which
will assure that members of the association and persons associated with those
members will comply with this article, other applicable articles of this title, and
rules or regulations promulgated under either;

(c) The rules or regulations of the association do not assure a fair
representation of its members in the selection of directors and in the administration
of its affairs;

(d) The rules or regulations of the association do not provide for an equitable
allocation of reasonable dues, fees, and other charges among members;

(e) The rules or regulations of the association impose an undue burden on
competition;

(f) The association fails to meet other applicable requirements prescribed in
this article.

(5) An association shall deny membership to any person who is not a
licensee.

(6) A broker shall cooperate with the association and the commissioner of
insurance in fulfilling the broker's statutory responsibilities under this article.

(7) There shall not be liability on the part of, nor shall a cause of action of
any nature arise against, the association or its agents, employees, or directors or
authorized representatives of the commissioner for actions taken or omitted by
them in the performance of their powers and duties under this section.

(8) (a) Upon request from the association, the commissioner may approve the
levy of an examination fee of not more than one percent of premiums charged
pursuant to this article for the operation of the association to the extent that such
operation relieves the commissioner of duties otherwise required of the
commissioner under this article.

(b) The association may revoke the membership and the commissioner may
revoke the license in this state of any licensee who fails to pay the examination fee
when due, if the examination fee has been approved by the commissioner.

Legislative History

Source: L. 49: p. 472, � 14. CSA: C. 87, � 331. CRS 53: � 72-14-14. C.R.S. 1963: � 72-13-14. L. 81: Entire section R&RE, p. 540, � 6, effective January 1, 1982. L. 95: (2)(b), (6), and (7) amended and (2.5) added, p. 496, � 16, effective May 16; IP(2) amended, p. 1109, � 56, effective May 31. L. 2010: IP(2) amended, (HB 10-1220), ch. 197, p. 853, � 10, effective July 1.