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40-110. Assistants and employees; salaries; oaths; authority of assistants; responsibility. (a) The commissioner of insurance is hereby authorized to appoint an assistant commissioner of insurance, actuaries, two special attorneys who shall have been regularly admitted to practice, an executive secretary, policy examiners, two field representatives, and a secretary to the commissioner. Such appointees shall each receive an annual salary to be determined by the commissioner of insurance, within the limits of available appropriations. The commissioner is also authorized to appoint, within the provisions of the civil service law, and available appropriations, other employees as necessary to administer the provisions of this act. The field representatives authorized by this section may be empowered to conduct inquiries, investigations or to receive complaints. Such field representatives shall not be empowered to make, or direct to be made, an examination of the affairs and financial condition of any insurance company in the process of organization, or applying for admission or doing business in this state.

(b) The appointees authorized by this section shall take the proper official oath and shall be in no way interested, except as policyholders, in any insurance company. In the absence of the commissioner of insurance the assistant commissioner shall perform the duties of the commissioner of insurance, but shall in all cases execute papers in the name of the commissioner of insurance, as assistant. The commissioner of insurance shall be responsible for all acts of an official nature done and performed by the commissioner's assistant or any person employed in such office. All the appointees authorized by this section shall hold their office at the will and pleasure of the commissioner of insurance.

History: L. 1927, ch. 231, 40-110; L. 1931, ch. 8, § 5; L. 1933, ch. 286, § 12; L. 1937, ch. 329, § 4; L. 1939, ch. 207, § 1; L. 1941, ch. 255, § 1; L. 1943, ch. 277, § 1; L. 1945, ch. 323, § 1; L. 1947, ch. 416, § 1; L. 1949, ch. 423, § 2; L. 1955, ch. 240, § 1; L. 1959, ch. 208, § 1; L. 1963, ch. 257, § 1; L. 1965, ch. 294, § 1; L. 1998, ch. 174, § 31; L. 2007, ch. 141, § 1; July 1.

Source or prior law:

L. 1871, ch. 93, § 4; L. 1875, ch. 112, § 2; L. 1879, ch. 166, § 111; L. 1905, ch. 488, § 7; L. 1913, ch. 213, § 2; L. 1919, ch. 284, § 30; L. 1921, ch. 1, § 14; R.S. 1923, 75-906, 75-907, 75-3117, 75-3166; L. 1925, ch. 7, § 10; L. 1927, ch. 15, § 5.

Attorney General's Opinions:

Workers compensation advisory panel; medical compensation; powers; panel members. 90-131.

CASE ANNOTATIONS

1. Action to compel payment of salary after appropriation expires not maintainable. Hyre v. Sullivan, 171 Kan. 309, 310, 311, 232 P.2d 474.

2. Notice of cancellation of basic malpractice coverage may be sent to commissioner of insurance or commissioner's representative. Geiger-Schorr v. Todd, 21 Kan. App. 2d 1, 5, 901 P.2d 515 (1995).


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