§ 27-1-3.1-13 — Hearing

Indiana § 27-1-3.1-13

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 3.1: Examinations

Text

(a) The commissioner may not appoint an
examiner as authorized representative to conduct a hearing. The
hearing shall proceed expeditiously with discovery by the company
limited to the examiner's workpapers which tend to substantiate any
assertions set forth in any written submission or rebuttal. The
commissioner or the commissioner's representative may issue
subpoenas for the attendance of any witnesses or the production of any
documents deemed relevant to the investigation whether under the
control of the department, the company, or other persons. The
documents produced shall be included in the record and testimony
taken by the commissioner or the commissioner's representative shall
be under oath and preserved for the record.
(b) This section does not require the department to disclose any
information or records which would indicate or show the existence or
content of any investigation or activity of a criminal justice agency.
(c) The hearing shall proceed with the commissioner or the
commissioner's representative posing questions to the persons
subpoenaed. Thereafter, the company and the department may present
testimony relevant to the investigation. The commissioner, the
department, and the company may cross-examine witnesses. The
company and the department shall be permitted to make closing
statements and may be represented by counsel of their choice.

Legislative History

As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.11; P.L.116-1994, SEC.15.