31A-2-108 - Legal services.
31A-2-108. Legal services.
(1) Except as provided in Subsection (4), the commissioner shall call upon the attorneygeneral for the legal counsel and assistance necessary to enforce this title. Upon thecommissioner's request, or upon the attorney general's own initiative, the attorney general mayhire special legal counsel under Section 67-5-5 to represent the department.
(2) Upon the commissioner's request, or upon the commissioner's own initiative, theattorney general may aid in any investigation, hearing, or other procedure under this title and mayinstitute, prosecute, and defend proceedings relating to the enforcement or interpretation of thistitle, including any proceeding to which the state, or the commissioner or any employee of thedepartment in an official capacity, is a party or is interested.
(3) The commissioner may refer such evidence as is available concerning violations ofthis title or of any rule or order under this title to the proper county attorney or district attorney,who may, with or without this reference, institute the appropriate criminal proceedings.
(4) For proceedings authorized by Chapter 27a, Insurer Receivership Act, thecommissioner may employ on a contract basis legal counsel other than the attorney general, withthe fees, costs, and expenses of the counsel and the attorney general being a class oneadministrative expense under Section 31A-27a-701.
Amended by Chapter 309, 2007 General Session