§ 58-91-40. Commission records and enforcement.
§ 58‑91‑40. Commission records and enforcement.
(a) The Commissionshall promulgate rules establishing conditions and procedures for publicinspection and copying of its information and official records, exceptinformation and records involving the privacy of individuals and insurers'trade secrets. The Commission may promulgate additional rules under which itmay make available to federal and state agencies, including law enforcementagencies, records and information otherwise exempt from disclosure, and mayenter into agreements with agencies to receive or exchange information orrecords subject to nondisclosure and confidentiality provisions.
(b) Except as toprivileged records, data, and information, the laws of any compacting statepertaining to confidentiality or nondisclosure shall not relieve any compactingstate commissioner of the duty to disclose any relevant records, data, orinformation to the Commission. Disclosure to the Commission shall not be deemedto waive or otherwise affect any confidentiality requirement. Except asotherwise expressly provided in this Article, the Commission shall not besubject to the compacting state's laws pertaining to confidentiality andnondisclosure with respect to records, data, and information in its possession.Confidential information of the Commission shall remain confidential after theinformation is provided to any commissioner.
(c) The Commissionshall monitor compacting states for compliance with duly adopted bylaws, rules,including uniform standards, and operating procedures. The Commission shallnotify any noncomplying compacting state in writing of its noncompliance withCommission bylaws, rules, or operating procedures. If a noncomplying compactingstate fails to remedy its noncompliance within the time specified in the noticeof noncompliance, the compacting state shall be deemed to be in default as setforth in G.S. 58‑91‑70.
(d) The commissioner ofany state in which an insurer is authorized to do business, or is conductingthe business of insurance, shall continue to exercise that person's authorityto oversee the market regulation of the activities of the insurer in accordancewith the provisions of the state's law. The commissioner's enforcement ofcompliance with the Compact is governed by the following provisions:
(1) With respect to thecommissioner's market regulation of a product or advertisement that is approvedor certified to the Commission, the content of the product or advertisementshall not constitute a violation of the provisions, standards, or requirementsof the Compact except upon a final order of the Commission, issued at therequest of a commissioner after prior notice to the insurer and an opportunityfor hearing before the Commission.
(2) Before acommissioner may bring an action for violation of any provision, standard, orrequirement of the Compact relating to the content of an advertisement notapproved or certified to the Commission, the Commission, or an authorizedCommission officer or employee, must authorize the action. However,authorization pursuant to this subdivision does not require notice to theinsurer, opportunity for hearing, or disclosure of requests for authorizationor records of the Commission's action on the requests. (2005‑183, s. 1;2009-382, s. 35.)