(1) At the end of each three years of operation, and at any other time considered prudent, the director or his designee shall examine the affairs of the insurance reserve funds and make findings and recommendations as provided by this section. For purposes of examination, the director or person making the examination has free access to all relevant records, books, and papers in the possession of any person or entity and may summon, administer oaths to, and examine as witnesses any persons in relation to matters relevant to the examination.
(2) The director or his designee shall examine all methods of operation of the insurance reserve funds to determine whether the funds are being administered in accordance with sound insurance practices and in the best interest of the State. Following the examination, the director or his designee shall prepare a report for submission, through the State Fiscal Accountability Authority, to the Office of the Governor, the Speaker of the House of Representatives, and the President of the Senate containing his findings and conclusions and any recommendations to improve the efficiency, effectiveness, and overall operation of the funds.
HISTORY: Former 1976 Code Section 38-5-850 [1983 Act No. 151, Part II, Section 55] recodified as Section 38-13-190 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 537.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Structure South Carolina Code of Laws
Chapter 13 - Examinations, Investigations, Records, And Reports
Section 38-13-40. Examiners not to be appointed if conflict of interest exists; exceptions.
Section 38-13-50. Insurer to pay cost of examination; civil action to recover costs.
Section 38-13-60. Immunity from liability; recovery of attorney fees and costs if prevailing party.
Section 38-13-70. Investigation of charges; liability for expenses.
Section 38-13-80. Annual statement as to business standing and financial condition.
Section 38-13-90. Publication of assets and liabilities.
Section 38-13-100. Items to be included as liabilities in financial statements.
Section 38-13-110. Treatment of contingent debts or liabilities in financial statements.
Section 38-13-120. Record of business done; inspection by Director or designee.
Section 38-13-130. Records of losses and claims.
Section 38-13-140. Refusal to exhibit records; false statements; confidentiality of replies.
Section 38-13-150. Returns of reinsurance by insurers; effect of refusal.
Section 38-13-160. Director or designee may require special reports; confidentiality of replies.
Section 38-13-170. Penalties for making or aiding in making false statement.
Section 38-13-180. Insurance reserve fund defined.
Section 38-13-200. Penalty for refusal to be examined under oath.
Section 38-13-310. Supplemental report.
Section 38-13-320. Data in supplemental report.
Section 38-13-340. Review of supplemental reports.
Section 38-13-350. Filing of required information.
Section 38-13-360. Penalty for failure to comply with provisions of article.
Section 38-13-700. Periodic examination of unemployment compensation fund; duties of director.
Section 38-13-710. Who may request examination; contents of request.
Section 38-13-730. Verification of data provided by department; sample data testing.
Section 38-13-750. Conflict of interest prohibited.
Section 38-13-760. Department to pay charges.
Section 38-13-810. Purpose; application; findings.
Section 38-13-820. Definitions.
Section 38-13-830. Risk management framework.
Section 38-13-840. Insurers required to conduct ORSA on no less than an annual basis.
Section 38-13-850. ORSA Summary Reports.
Section 38-13-860. Exemptions.
Section 38-13-870. Preparation of ORSA Summary Report; review; requests for information.
Section 38-13-880. Confidentiality.
Section 38-13-900. Effective date.
Section 38-13-1000. Purpose; construction; application.
Section 38-13-1010. Definitions.
Section 38-13-1020. Submission of Corporate Governance Annual Disclosure.
Section 38-13-1030. Rules, regulations, and orders.
Section 38-13-1060. Retention of third-party consultants.