Code of the District of Columbia

§ 31–5408. Duties and powers of the Mayor.

(a) In addition to the duties and powers enumerated elsewhere in this chapter, the Mayor shall:

(1) Upon request of the Board of Directors, provide the Association with a statement of the premiums in the District of Columbia and any other appropriate states for each member insurer; and

(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 to comply promptly with such a demand shall not excuse the Association from the performance of its powers and duties under this chapter.

(b) In addition to the duties and powers enumerated elsewhere in this chapter, the Mayor may:

(1) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the District of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation; or

(2) Levy a forfeiture on any member insurer that fails to pay an assessment when due; provided, that the forfeiture shall not exceed 5% of the unpaid assessment per month, and no forfeiture shall be less than $100 per month.

(c) A final action of the board of directors or the Association may be appealed to the Mayor by a member insurer if the appeal is taken within 60 days of its receipt of notice of the final action being appealed. A final action or order of the Mayor shall be subject to judicial review in a court of competent jurisdiction in accordance with District laws that apply to the actions or orders of the Mayor.

(d) The liquidator, rehabilitator, or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this chapter.

(July 22, 1992, D.C. Law 9-129, § 9, 39 DCR 4036; July 23, 2014, D.C. Law 20-130, § 2(e), 61 DCR 5900.)

Prior Codifications

1981 Ed., § 35-1948.

Effect of Amendments

The 2014 amendment by D.C. Law 20-130 designated the existing language as (a); and added (b), (c), and (d).