Particularly since the amendments to the act in 1992, there is a very strict separation between the superintendent and the department's administrative authority. Any questions regarding insolvency that could be raised and could be of interest to the department are to be dealt with by a section other than the Superintendent's Office.
As I mentioned, the superintendent's powers come directly from the act. These powers are quasi-judicial. Consequently, the superintendent must use them with all the independence and impartiality required. Of course, if these powers were to be used improperly, there could be a review by the courts.