26.1-10-06. Examination

26.1-10-06. Examination

1. Subject to the limitations contained in this section and in addition to the powers which

the commissioner has relating to the examination of insurers, the commissioner may

examine any insurer registered under section 26.1-10-04 and the insurer's affiliates to

ascertain the financial condition of the insurer, including the enterprise risk to the

insurer by the ultimate controlling party, or by any entity or combination of entities

within the insurance holding company system, or by the insurance holding company

system on a consolidated basis.

2. The commissioner may order any insurer registered under section 26.1-10-04 to

produce any record, book, or other information paper in the possession of the insurer

or its affiliates necessary to determine compliance with this chapter.

3. To determine compliance with this chapter, the commissioner may order any insurer

registered under section 26.1-10-04 to produce information not in the possession of

the insurer if the insurer can obtain access to such information pursuant to a

contractual relationship, statutory obligation, or other method. If the insurer cannot

obtain the information requested by the commissioner, the insurer shall provide the

commissioner a detailed explanation of the reason the insurer cannot obtain the

information and the identity of the holder of the information. If the commissioner

determines the detailed explanation is without merit, the commissioner may require,

after notice and hearing, the insurer to pay a penalty of one thousand dollars for each

day's delay, or may suspend or revoke the insurer's license.

4. The commissioner may retain at the registered insurer's expense any attorneys,

actuaries, accountants, and other experts, not otherwise a part of the commissioner's

staff, as are reasonably necessary to assist in the conduct of the examination under

subsection 1. Any persons so retained are under the direction and control of the

commissioner and shall act in a purely advisory capacity.

5. Each registered insurer producing any record, book, or other information paper for

examination pursuant to subsection 1 is liable for and shall pay the expense of the

examination.

6. If the insurer fails to comply with an order, the commissioner may examine the affiliates

to obtain the information. The commissioner may issue a subpoena, administer oaths,

and examine under oath any person for purposes of determining compliance with this

section. Upon the failure or refusal of any person to obey a subpoena, the

commissioner may petition a court of competent jurisdiction, and upon proper showing,

the court may enter an order compelling the witness to appear and testify or produce

documentary evidence. Failure to obey the court order is punishable as contempt of

court. When subpoenaed, a person shall attend as a witness at the place specified in

the subpoena, anywhere within the state. The witness is entitled to receive the same

fees and mileage as a witness in an administrative hearing or in district court, which

fees, mileage, and actual expense, if any, necessarily incurred in securing the

attendance of witnesses, and their testimony, must be itemized and charged against,

and be paid by, the insurer being examined.