58-3-12.2. Market conduct examination--Draft examination report.
Prior to the completion of a market conduct examination, the director may request that the examiner in charge provide a draft examination report that is not to be filed under oath. The draft examination report does not constitute the conclusion of the examination and does not trigger the provisions of §58-3-12 until filed with the division under oath. Once the division has received the draft examination report, the director may share the draft examination report with the company examined to facilitate the resolution of the examination. The examiner in charge shall submit the examination report under oath and trigger the provisions of §58-3-12 within one hundred eighty days of the director sharing the draft examination report pursuant to this section, unless the secretary provides a longer timeframe to allow additional consideration of the draft examination report by the company being examined. Nothing in this section applies to financial examinations.
Source: SL 2014, ch 232, §1.
Structure South Dakota Codified Laws
Chapter 03 - Examination Of Insurers And Insurance Producers
Section 58-3-1 - Examination of insurers--Scope.
Section 58-3-1.1 - Company defined.
Section 58-3-2 - Examination of alien insurer--Limited extent.
Section 58-3-3.1 - Examination assessment fee--Insurance examination fund established for proceeds.
Section 58-3-3.2 - Payments from insurance examination fund.
Section 58-3-5 - Examination of agents, managers, and promoters.
Section 58-3-6 - Place where examination conducted.
Section 58-3-7 - Information to be available--Cooperation of persons being examined.
Section 58-3-7.1 - Observance of guidelines and procedures by examiner.
Section 58-3-7.3 - Examination under oath--Authority of director or examiner.
Section 58-3-7.4 - Insurer's claim files subject to examination--File maintenance requirements.
Section 58-3-8 - Examination disclosing inadequate records--Correction of accounts.
Section 58-3-10 - Examination reports required.
Section 58-3-11 - Contents of examination reports.
Section 58-3-12.2 - Market conduct examination--Draft examination report.
Section 58-3-12.3 - Draft examination report not governed by §§ 58-3-10 to 58-3-18.
Section 58-3-12.4 - Confidentiality of draft examination report.
Section 58-3-13 - Filed examination report admissible in evidence.
Section 58-3-14 - Withholding of report from public inspection.
Section 58-3-15 - Expenses of examination paid by person examined.
Section 58-3-18 - Confidential investigative hearing--Inconsistencies in examination report.
Section 58-3-19 - Conducting hearing--Discovery.
Section 58-3-20 - Use of information discovered during examination for legal or regulatory action.
Section 58-3-23 - Preclusion of examiner--Grounds.
Section 58-3-25 - Implementation of examination report's recommendations.