§ 27-14.3-6 - Cooperation of officers, owners, and employees.
SECTION 27-14.3-6
§ 27-14.3-6 Cooperation of officers,owners, and employees. – (a) Any officer, manager, director, trustee, owner, employee, insuranceproducer, or agent of any insurer, or any other persons with authority over orin charge of any segment of the insurer's affairs, shall cooperate with thecommissioner in any proceeding under this chapter or any investigationpreliminary to the proceeding. The term "person" as used in this sectionincludes any person who exercises control directly or indirectly overactivities of the insurer through any holding company or other affiliate of theinsurer. The term "cooperate" includes, but shall not be limited to, thefollowing:
(1) To reply promptly in writing to any inquiry from thecommissioner requesting a reply; and
(2) To make available to the commissioner any books,accounts, documents, or other records or information or property of orpertaining to the insurer and in his or her possession, custody or control.
(b) No person shall obstruct or interfere with thecommissioner in the conduct of any delinquency proceeding or any investigationpreliminary or incidental to that proceeding.
(c) This section shall not be construed to abridge existinglegal rights, including the right to resist a petition for liquidation or otherdelinquency proceedings, or other orders.
(d) Any person included within subsection (a) of this sectionwho fails to cooperate with the commissioner, or any person who obstructs orinterferes with the commissioner in the conduct of any delinquency proceedingsor any investigation preliminary or incidental to that proceeding, or whoviolates any order the commissioner issued validly under this chapter may:
(1) Be sentenced to pay a fine not exceeding ten thousanddollars ($10,000) or to undergo imprisonment for a term of not more than oneyear, or both; or
(2) After a hearing, be subject to the imposition by thecommissioner of a civil penalty not to exceed ten thousand dollars ($10,000)and shall also be subject to the revocation or suspension of any insurancelicenses issued by the commissioner.