10-4-601.5. Administrative authority.

Statute text

The commissioner shall administer and enforce the provisions of this part 6, may make rules necessary for the administration of this part 6 in accordance with article 4 of title 24, and may enforce the provisions of part 12 of article 1 of title 6 that apply to an insurer or a policy.

History

Source: L. 2003: Entire section added, p. 1560, 3, effective July 1. L. 2019: Entire section amended, (SB 19-090), ch. 391, p. 3500, 2, effective January 1, 2020.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since this section is similar to 10-4-704 as it existed prior to the 2003 repeal of part 7 of article 4 of this title, a relevant case construing that provision has been included in the annotations to this section.

Authority to issue proper regulations. The commissioner of insurance and the director of revenue have the authority, individually or jointly, to issue proper regulations to enforce relevant statutes. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Deference given to construction of statute by administrative official. Construction of a statute by administrative official charged with its enforcement shall be given great deference by the courts. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

However, administrative regulations are not absolute rules. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Action by administrative official in excess of authority. When an administrative official misconstrues a statute and issues a regulation beyond the scope of a statute, it is in excess of administrative authority granted, and the regulation is invalid. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).