Colo. Commissioner Kirven Resigns

By E.E. Mazier

NU Online News Service, July 30, 2:10 p.m. EST?The Colorado insurance commissioner has resigned, effective Aug. 9, after his agency was technically terminated through an alleged legislative glitch.

The announcement about Commissioner William J. Kirven III came yesterday from the Division of Insurance. Division spokeswoman Deborah Collette said that Mr. Kirven would "pursue other career options."

In May, the Denver-based Division of Insurance found itself technically without statutory authority to continue when the state's General Assembly failed to pass legislation for the continuance of the Division before recessing for the year.

Ms. Collette explained at the time that Colorado's Sunset Review law allows the legislature to periodically review various agencies, divisions and boards, and to dismantle any found not to be carrying out their proper functions. Otherwise, lawmakers must pass legislation to continue the authority of the reviewed entity, she said.

Ms. Collette does not see a correlation "at all" between the legislative failure to renew the Division and Mr. Kirven's resignation.

She said that Mr. Kirven's authority as insurance regulator never faltered because his position is set in the state constitution.

In what Ms. Collette characterized as a coincidence, Deputy Insurance Commissioner Maryellen Waggoner had previously announced that she was resigning effective Aug. 31. Ms. Waggoner will become executive director of the National Insurance Producer Registry, an affiliate of the National Association of Insurance Commissioners, Ms. Collette said.

Despite these two high-level resignations, Ms. Collette said that "everything is in place" and it is "business as usual" at the Division.

She noted that Michael Cooke, executive director of the Department of Regulatory Agencies, has the authority to respond to any concerns of the insurance division.

Also available, she said, are two assistant insurance commissioners, Janet Byrne, who oversees financial regulation, and Kirk Yeager, who handles consumer affairs.

Ms. Collette expects an acting commissioner to be named before the governor appoints a new commissioner.

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