20-157
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20-157. Access and powers relating to insurers' records A. Every person being examined and its officers, employees, agents and representatives shall produce and make freely accessible to the director or the director's examiners the accounts, records, documents, files, assets and matters in the person's possession or control relating to the subject of the examination. B. If the director finds accounts to be inadequate, or improperly kept or posted, the director may employ experts to rewrite, post or balance them at the expense of the person being examined if the person fails to complete or correct the accounting after the director has given the person notice and a reasonable opportunity to do so. C. If the director deems it necessary to value any real estate involved in any examination, the director may employ one or more competent appraisers for the purpose. The reasonable expense of the appraisal is a part of the cost of examination to be borne by the person being examined. D. Any insurer or other person licensed under this title may cause its accounts, records, documents and files described in subsection A of this section to be created, recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, electronic imaging, electronic data processing, electronically transmitted facsimile, printout or reproduction of electronically stored data or other process that accurately reproduces or forms a durable medium for storing the account, record, document or file. If the items so stored are not the original, the original may be destroyed unless held in a custodial or fiduciary capacity, but only if the data is easily accessible to the department in readable form and readable reproduced copies are obtainable. A record so stored is admissible in evidence as the original in any judicial or administrative proceeding whether the original is in existence or not. The introduction of a reproduced record does not preclude admission of the original. This shall not be construed to exclude from evidence any document or copy that is otherwise admissible under the rules of evidence. |