{"data":{"id":"us-ky/krs-304.47-040","jurisdiction":"us-ky","citation":"KRS 304.47-040","heading":"Division of Insurance Fraud Investigation -- Special investigators --","body":"Resisting arrest or interfering with investigation.\n(1) There is created within the Department of Insurance a Division of Insurance Fraud\nInvestigation.\n(2) (a) The commissioner shall appoint qualified persons to serve as special\ninvestigators for the Division of Insurance Fraud Investigation who shall have\ngeneral police powers including the power to arrest, and they shall possess all\nof the common law and statutory powers, privi leges, and immunities of\nsheriffs, and their jurisdiction shall be coextensive with the state.\n(b) The division staff also shall include, at a minimum, three (3) special\ninvestigators, one (1) attorney, and one (1) administrative assistant. The\npositions a uthorized by this paragraph shall be in addition to the staff\nemployed by the division as of December 12, 1996.\n(3) The special investigator may:\n(a) Administer oaths and affirmations;\n(b) Order the attendance of witnesses or proffering of information and\ndocumentation;\n(c) Collect evidence; and\n(d) Make arrests for criminal violations established as a result of its\ninvestigations. The general laws applicable to arrests by sheriffs of the\nCommonwealth shall also be applicable to special investigators, who may:\n1. Execute arrest warrants and search warrants for the criminal violations\nrevealed as a result of their investigations;\n2. Serve subpoenas issued for the examination, investigation, and trial of\nall offenses determined by their investigations; and\n3. Arrest upon probable cause without warrant any person found in the act\nof violating any of the provisions of applicable laws.\n(4) The division may implement its powers if, based upon its own inquiries or as a\nresult of information received, it has reason to believe that a person has engaged in,\nis engaging in, or is about to engage in a fraudulent insurance act.\n(5) If the information the division seeks to obtain is located outside the state, the person\nso requested may make it available to the division or its representative to examine at\nthe place where it is located. The division may designate representatives, including\nofficials of the state in which the matter is located, to inspect the information on the\ndivision's behalf, and it may respond to similar requests from officials of other\nstates.\n(6) It shall be unlawful for any person to resist an arrest authorized by this subtitle o r in\nany manner to interfere, either by abetting or assisting this resistance or otherwise\ninterfering, with special investigators employed by the commissioner under this\nsubtitle in the duties imposed upon them by law, and shall be punishable as\nprovided in KRS 520.090.\n(7) The commissioner may obtain any evidence for use in criminal investigations\naccording to KRS 304.2-340.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30185","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:59Z","sha256":"41fdc88571a414bba7dbb3d2ad7471ceb74ee0d2a648538bc6d533d387812b3a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.47-030","next":"us-ky/krs-304.47-050"},"notice":"GroundRules: Original legal text. Not legal advice."}