South Dakota Codified Laws
Chapter 03 - Examination Of Insurers And Insurance Producers
Section 58-3-17 - Order adopting examination report as final decision--Service--Affidavit of receipt.

58-3-17. Order adopting examination report as final decision--Service--Affidavit of receipt.
Each order entered pursuant to subdivision 58-3-12(1) shall be in accordance with chapter 1-26. The order shall be accompanied by findings of fact and conclusions of law and constitutes a final decision. The order shall be served upon the company by certified mail, together with a copy of the adopted examination reports. The order shall include the provisions of this section. The company shall then serve its directors. Within thirty days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating that it has received a copy of the adopted report and related orders.

Source: SL 1992, ch 338, §10; SL 2010, ch 234, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

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 - Applicant for initial certificate of authority to do insurance business in state--Examination by director.

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 58-3-3.3 - Reimbursement to agents involved with insurance examinations--Insurer reimbursements.

Section 58-3-3.4 - Application of examination fund to farm mutual insurers and captive insurance companies.

Section 58-3-4 - Examination of foreign or alien insurer or rating organization by insurance supervisory official of another state--Examination by director unnecessary--Accreditation of examiner.

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 58-3-7.2 - Penalty upon refusal to submit to examination--Suspension, refusal of, or nonrenewal of, license.

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 58-3-9 - Valuation of real estate involved in examination--Appraisers, appointment, prompt appraisal, report--Expense of appraisal, liability of person examined.

Section 58-3-10 - Examination reports required.

Section 58-3-11 - Contents of examination reports.

Section 58-3-12 - Examination reports--Copy of proposal to company examined, time for furnishing--Review by director--Hearing on proposed report.

Section 58-3-12.1 - Examinations other than financial examinations--Examination report--Optional or mandatory.

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 58-3-17 - Order adopting examination report as final decision--Service--Affidavit of receipt.

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 58-3-21 - Disclosure of contents of examination report to insurance department or law enforcement agencies--Confidentiality.

Section 58-3-22 - Confidentiality of disclosed information--Exceptions--Access by National Association of Insurance Commissioners.

Section 58-3-23 - Preclusion of examiner--Grounds.

Section 58-3-24 - Liability of director or examiner--Liability for communicating or delivering information--Intent.

Section 58-3-25 - Implementation of examination report's recommendations.

Section 58-3-26 - Promulgation of rules for examination.

Section 58-3-27 - Application of chapter.