South Dakota Codified Laws
Chapter 04 - Enforcement Powers And Proceedings
Section 58-4-44 - Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.

58-4-44. Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.
The director may investigate any person doing insurance business. The director may withhold from public inspection any examination or investigation report for so long as the director deems such withholding to be necessary for the protection of the person examined or investigated against unwarranted injury or to be in the public interest. The director shall complete any investigation in a timely manner. Any investigation not completed within twenty-four months shall be presented to the secretary of labor and regulation. If, after sixty days, the secretary has not completed the investigation, the secretary shall forward the matter to the attorney general who shall review the file and make recommendations to the secretary for the purpose of ensuring final action is taken concerning the investigation. If the Division of Insurance has given notice of a pending investigation to any person or legal entity, the division shall notify any such person or legal entity that the investigation is closed or final action has been taken.

Source: SL 1992, ch 340, §1; SL 2006, ch 250, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 04 - Enforcement Powers And Proceedings

Section 58-4-5 - Enforcement proceedings instituted by director.

Section 58-4-6 - Proceedings instituted by director--Legal representation.

Section 58-4-7 - Cease and desist order to prevent violations of title--Injunction.

Section 58-4-9 - Hearings by director--Purpose.

Section 58-4-15 - Orders and notices of director required to be in writing--Signature.

Section 58-4-16 - Order of director--Effective date--Contents.

Section 58-4-17 - Service of orders and notices of director.

Section 58-4-18 - Prosecution of action for enforcement of director's order.

Section 58-4-25 - Formal rules of pleading or evidence not observed at director's hearing.

Section 58-4-28.1 - Money penalty in lieu of license suspension or other action--Hearing.

Section 58-4-39 - Standards for determining hazardous financial condition.

Section 58-4-40 - Authority of director in determining insurer's financial condition.

Section 58-4-41 - Director's order to hazardous insurer.

Section 58-4-42 - Hearings on director's orders.

Section 58-4-43 - Application of hazardous insurer provisions.

Section 58-4-44 - Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.

Section 58-4-45 - Confidentiality of certain documents.

Section 58-4-46 - Liability for release of information.

Section 58-4-47 - Sharing and use of confidential information with other regulatory officials--Cooperation with National Association of Insurance Commissioners.

Section 58-4-48 - Minimum levels of risk-based capital required--Administrative rules.

Section 58-4-49 - Disclosure of status, existence, or outcome of investigation or examination.

Section 58-4-50 - Definitions.

Section 58-4-51 - Confidentiality of list of premium taxpayers--Violation as misdemeanor.

Section 58-4-52 - Confidentiality of premium tax return and return information--Violation as misdemeanor.

Section 58-4-53 - Disclosure of premium tax return and information to taxpayer.

Section 58-4-54 - Disclosure of premium tax return and return information in judicial or administrative proceeding.