South Carolina § 38-13-70 Investigation of charges; liability for expenses.

South Carolina Statutes

§ 38-13-70 — Investigation of charges; liability for expenses.

South Carolina·Title 38 INSURANCE·Ch. 13 EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS

(A)Upon his own motion or upon written complaint filed by a citizen of this State that an insurer, health maintenance organization, or other person licensed or authorized to transact business in this State has violated this title, the director or his designee shall investigate the matter and, if necessary, examine under oath the president and other officers or agents of the insurer, health maintenance organization, or other person and all books, records, and papers of the insurer, health maintenance organization, or other person. The insurer, health maintenance organization, or other person and its representatives shall respond to the department's inquiries, requests for information, or investigations within seven calendar days or within a larger timeframe granted by the director or his d

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(A) Upon his own motion or upon written complaint filed by a citizen of this State that an insurer, health maintenance organization, or other person licensed or authorized to transact business in this State has violated this title, the director or his designee shall investigate the matter and, if necessary, examine under oath the president and other officers or agents of the insurer, health maintenance organization, or other person and all books, records, and papers of the insurer, health maintenance organization, or other person. The insurer, health maintenance organization, or other person and its representatives shall respond to the department's inquiries, requests for information, or investigations within seven calendar days or within a larger timeframe granted by the director or his designee. If the director or his designee finds upon substantial evidence that a complaint is justified, the insurer, health maintenance organization, or other person, in addition to the penalties imposed for violation of this title, is liable for the expenses of the investigation, and the director or his designee shall promptly present the insurer with a statement of the expenses. If the insurer, health maintenance organization, or other person refuses or neglects to pay, the director or his designee is authorized to revoke its license and to bring civil action for the collection of the expenses. (B) The director or any of his duly authorized assistants or employees may investigate allegations that the insurance laws have been violated. Investigations conducted pursuant to this title are confidential and all work papers and regulatory communications are privileged and confidential. Nothing in this article may be construed as prohibiting the respondent from normal access to the charges and evidence filed against the respondent once the investigation is complete. The final order disciplining a licensee is public information as provided under applicable South Carolina law.

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Legislative History

HISTORY: Former 1976 Code SECTION 38-13-70 [1947 (45) 322; 1952 Code SECTION 37-607; 1962 Code SECTION 37-607] recodified as SECTION 38-15-50 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-5-1240 [1947 (45) 322; 1952 Code SECTION 37-287; 1962 Code SECTION 37-287] recodified as SECTION 38-13-70 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 537; 2018 Act No. 219 (H.4657), SECTION 2, eff May 18, 2018; 2024 Act No. 180 (H.4869), SECTION 4, eff May 20, 2024. Effect of Amendment 2018 Act No. 219, SECTION 2, rewrote the section, authorizing the department to respond to motions and complaints against health maintenance organizations and persons licensed to transact the business of insurance in the State. 2024 Act No. 180, SECTION 4, inserted the (A) designator, and added (B).