58-2-136. Insurer records sent to Department for examination; expenses.
(a) As used in this section, "records" means all data relating to the property, assets, business, and affairs of the insurer being examined.
(b) In addition to the Commissioner's authority in G.S. 58-2-185 through G.S. 58-2-200 to compel the production of records, in lieu of sending examiners to the location of an insurer's records to conduct an examination under the Examination Law, the Commissioner may require the insurer to send copies of its records to the Department. The chief executive or financial officer of the insurer shall certify under oath that the copies are true and accurate copies of the insurer's records. The insurer being examined shall pay all expenses associated with the examination. The insurer is not liable for the salaries and benefits of Department employees. The refusal by an insurer to pay for expenses under this subsection is grounds for the suspension, revocation, or refusal of a license.
(c) If the Commissioner sends examiners to the location of an insurer's records to conduct an examination under the Examination Law, the insurer shall pay for the travel and subsistence expenses and other administrative expenses associated with the examination. The insurer is not liable for the salaries and benefits of Department employees. The refusal by an insurer to pay for expenses under this subsection is grounds for the suspension, revocation, or refusal of a license. (2002-144, s. 8; 2003-284, s. 22.2; 2004-124, s. 21.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Commissioner of Insurance.
§ 58-2-1 - Department established.
§ 58-2-5 - Commissioner's election and term of office.
§ 58-2-10 - Salary of Commissioner.
§ 58-2-15 - Chief deputy commissioner.
§ 58-2-25 - Other deputies, actuaries, examiners and employees.
§ 58-2-30 - Appointments of committees or councils.
§ 58-2-31 - Seniors' Health Insurance Information Program.
§ 58-2-35 - Seal of Department.
§ 58-2-40 - Powers and duties of Commissioner.
§ 58-2-45 - Orders of Commissioner; when writing required.
§ 58-2-50 - Examinations, hearings, and investigations.
§ 58-2-52 - Appeals and rate-making hearings before the Commissioner.
§ 58-2-53 - Filing approvals and disapprovals; clarification of law.
§ 58-2-55 - Designated hearing officers.
§ 58-2-60 - Restraining orders; criminal convictions.
§ 58-2-65 - License surrenders.
§ 58-2-70 - Civil penalties or restitution for violations; administrative procedure.
§ 58-2-75 - Court review of orders and decisions.
§ 58-2-80 - Court review of rates and classification.
§ 58-2-85 - Procedure on appeal under § 58-2-80.
§ 58-2-90 - Extent of review under § 58-2-80.
§ 58-2-95 - Commissioner to supervise local inspectors.
§ 58-2-100 - Office of Commissioner a public office; records, etc., subject to inspection.
§ 58-2-105 - Confidentiality of medical and credentialing records.
§ 58-2-110 - Original documents and certified copies as evidence.
§ 58-2-115 - Admissibility of certificate as evidence of agent's authority.
§ 58-2-120 - Reports of Commissioner to the Governor and General Assembly.
§ 58-2-121 - Report of Department to General Assembly committees on various relief funds.
§ 58-2-125 - Authority over all insurance companies; no exemptions from license.
§ 58-2-128 - Interagency consultation.
§ 58-2-131 - Examinations to be made; authority, scope, scheduling, and conduct of examinations.
§ 58-2-132 - Examination reports.
§ 58-2-133 - Conflict of interest; cost of examinations; immunity from liability.
§ 58-2-134 - Cost of certain examinations.
§ 58-2-136 - Insurer records sent to Department for examination; expenses.
§ 58-2-150 - Oath required for compliance with law.
§ 58-2-155 - Investigation of charges.
§ 58-2-161 - False statement to procure or deny benefit of insurance policy or certificate.
§ 58-2-162 - Embezzlement by insurance producers or administrators.
§ 58-2-163 - Report to Commissioner.
§ 58-2-164 - Rate evasion fraud; prevention programs.
§ 58-2-165 - Annual, semiannual, monthly, or quarterly statements to be filed with Commissioner.
§ 58-2-171 - Qualifications of actuaries.
§ 58-2-180 - Punishment for making false statement.
§ 58-2-185 - Record of business kept by companies and insurance producers; Commissioner may inspect.
§ 58-2-190 - Commissioner may require special reports.
§ 58-2-200 - Books and papers required to be exhibited.
§ 58-2-205 - CPA audits of financial statements.
§ 58-2-210 - Rules for mortgage insurance consolidations.
§ 58-2-215 - Consumer Protection Fund.
§ 58-2-230 - Commissioner to share information with Department of Labor.
§ 58-2-240 - Market conduct analysis, financial analysis, and related information not public record.
§ 58-2-245 - Access to employer taxpayer identification numbers contained in public documents.
§ 58-2-250 - Electronic filings.
§ 58-2-255 - Electronic insurance communications and records.