1.Complaint.
1-A.
Examinations.
The superintendent may conduct examinations in accordance with this subsection.
2.Confidential information.
3.Records.
Records of all settlement transactions must be maintained by the settlement provider licensee in accordance with this subsection.
4.Immunity.
A cause of action may not arise against any person for the act of communicating or delivering information or data to the superintendent or the superintendent's authorized representative or examiner pursuant to an examination made under this chapter if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. This subsection does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by the
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Complaint.
1-A.
Examinations.
The superintendent may conduct examinations in accordance with this subsection.
2.
Confidential information.
3.
Records.
Records of all settlement transactions must be maintained by the settlement provider licensee in accordance with this subsection.
4.
Immunity.
A cause of action may not arise against any person for the act of communicating or delivering information or data to the superintendent or the superintendent's authorized representative or examiner pursuant to an examination made under this chapter if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. This subsection does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by the superintendent, the superintendent's authorized representatives or any examiner appointed by the superintendent.
5.
Conduct of examinations.
The following provisions govern the conduct of examinations.
6.
Examination reports.
Examination reports may be composed only of facts appearing upon the books, records or other documents of the licensee or its agents or other persons examined or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs and of such conclusions and recommendations as the examiners find reasonably warranted from the facts. No later than 60 days following completion of the examination, the examiner in charge shall file under oath with the superintendent a verified written report of examination. Upon receipt of the verified report, the superintendent shall transmit the report to the licensee examined, together with a notice that affords the licensee examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report. In the event the superintendent determines that regulatory action is appropriate as a result of an examination, the superintendent may initiate any proceedings or actions provided by law.
7.
Confidentiality of examination information.
The disclosure of information is governed by this subsection.
8.
Conflict of interest.
The following provisions apply.
9.
Investigative authority of superintendent.
In addition to the authority granted pursuant to section 220, the superintendent may investigate persons engaged in the business of settlements and persons suspected of engaging in fraudulent viatical or life settlement acts.