LD 1907
pg. 18
Page 17 of 38 PUBLIC Law Chapter 636 Page 19 of 38
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jurisdiction and, upon proper showing, the court may enter
an order compelling the witness to appear and testify or
produce documentary evidence.__Failure to obey the court
order is punishable as contempt of court.

 
D.__When making an examination under this chapter, the
superintendent may retain attorneys, appraisers, independent
actuaries, independent certified public accountants or other
professionals or specialists as examiners, the reasonable
cost of which must be borne by the licensee that is the
subject of the examination.

 
E.__ This chapter may not be construed to limit the
superintendent's authority to terminate or suspend an
examination in order to pursue other legal or regulatory
action pursuant to the insurance laws of this State.__
Findings of fact and conclusions made pursuant to any
examination are prima facie evidence in any legal or
regulatory action.

 
F.__This chapter may not be construed to limit the
superintendent's authority to use and, if appropriate, to
make public any final or preliminary examination report, any
examiner or licensee workpapers or other documents or any
other information discovered or developed during the course
of any examination in the furtherance of any legal or
regulatory action that the superintendent may, in the
superintendent's sole discretion, consider appropriate.

 
6.__Examination reports. Examination reports may be composed
only of facts appearing upon the books, records or other
documents of the licensee or its agents or other persons examined
or as ascertained from the testimony of its officers or agents or
other persons examined concerning its affairs and of such
conclusions and recommendations as the examiners find reasonably
warranted from the facts.__No later than 60 days following
completion of the examination, the examiner in charge shall file
under oath with the superintendent a verified written report of
examination.__Upon receipt of the verified report, the
superintendent shall transmit the report to the licensee
examined, together with a notice that affords the licensee
examined a reasonable opportunity of not more than 30 days to
make a written submission or rebuttal with respect to any matters
contained in the examination report. In the event the
superintendent determines that regulatory action is appropriate
as a result of an examination, the superintendent may initiate
any proceedings or actions provided by law.

 
7.__Confidentiality of examination information. The disclosure
of information is governed by this subsection.


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