§ 26.1-51-01 — Definitions

In this chapter, unless the context or subject matter otherwise requires:
1. "Commissioner" means the insurance commissioner.
2. "Insurance compliance audit" means a voluntary, internal evaluation, review,
assessment, audit, or investigation for the purpose of identifying or preventing
noncompliance with, or promoting compliance with, laws, regulations, orders, or
industry or professional standards, which is conducted by or on behalf of an insurer
licensed or regulated under this title, or which involves an activity regulated under this
title.
3. "Insurance compliance self-critical analysis audit document" means a document
prepared as a result of or in connection with an insurance compliance audit. An
insurance compliance self-critical analysis audit document may include a written
response to the findings of an insurance compliance audit. An insurance compliance
self-critical analysis audit document may include, as applicable, field notes and
records of observations, workpapers, findings, opinions, suggestions, conclusions,
drafts, memoranda, drawings, photographs, exhibits, computer-generated or
electronically recorded information, telephone records, maps, charts, graphs, and
surveys, provided this supporting information is collected or developed for the primary
purpose and in the course of an insurance compliance audit. An insurance compliance
self-critical analysis audit document also includes:
a. An insurance compliance audit report prepared by an auditor, who may be an
employee of the insurer or an independent contractor, which may include the
scope of the audit, the information gained in the audit, and conclusions and
recommendations, with exhibits and appendices;
b. Memoranda and documents analyzing portions or all of the insurance compliance
audit report and discussing potential implementation issues;
c. An implementation plan that addresses correcting past noncompliance, improving
current compliance, and preventing future noncompliance; or
d. Analytic data generated in the course of conducting the insurance compliance
audit.
4. "Insurer" means an insurance company, nonprofit service corporation, or health
maintenance organization organized under the laws of this state or a foreign insurance
company, nonprofit service corporation, or health maintenance organization authorized
to do business in this state.