§ 10-1-141 — Investigations - rules

(1) The commissioner may contract,
pursuant to section 24-50-504 (2)(c) and (2)(e), with a person that has technical or
subject matter expertise or skill and experience in investigative techniques to
assist the division in performing investigations of a company or producer pursuant
to this title 10 when the commissioner determines that the division lacks sufficient
technical expertise to perform the investigation. Investigations conducted pursuant
to this section do not include market conduct surveillance actions conducted
pursuant to part 3 of this article 1. The commissioner shall, by rule, establish when
contract investigators may be used for investigations. The rules must include out-of-state travel requirements, criteria for when special expertise is required for the
investigation, and a requirement that there must be a significant pattern of
complaints or a well-documented allegation against a company for an investigation
to be warranted.

(2) The investigated company or producer shall pay the reasonable fees and
expenses of a person retained or designated for investigations of the company or
producer pursuant to subsection (1) of this section directly to the retained or
designated person, as determined by the commissioner. The investigated company
or producer may contest the amount of fees and expenses charged by the retained
or designated person by filing an objection with the commissioner, setting forth the
charges that the investigated company or producer considers to be unreasonable
and the basis for the claim that the charges are unreasonable. A disputed amount is
not due unless the commissioner reviews the objection and makes a written finding
that the disputed charges were reasonable in relation to the investigation
performed.

Legislative History

Source: L. 2017: Entire section added, (HB 17-1231), ch. 284, p. 1553, � 1, effective January 1, 2018.