§431:14-113  Examination.  (a)  Thecommissioner may, as often as the commissioner may deem it expedient, make orcause to be made an examination of each rating organization referred to insection 431:14-107, each advisory organization referred to in section431:14-111 and of each group, association or other organization referred to insection 431:14-112.  The reasonable costs of any such examination shall be paidby the rating organization, advisory organization, or group, association, orother organization examined upon presentation to it of a detailed account ofsuch costs.  The officer, manager, agents, and employees of the ratingorganization, advisory organization, or group, association, or otherorganization may be examined at any time under oath and shall exhibit allbooks, records, accounts, documents, or agreements governing its method ofoperation.  In lieu of any such examination, the commissioner may accept thereport of an examination made by the insurance supervisory official of anystate, pursuant to the laws of such state.

(b)  The commissioner shall furnish theorganization examined a copy of the examination report not fewer than sixtydays prior to the filing of the report for public inspection in the insurancedivision.  If the organization so requests in writing during the sixty-dayperiod, the commissioner shall hold a hearing to consider the organization'sobjections to the report as proposed, and shall not file the report until afterthe hearing and until after any modifications in the report deemed necessary bythe commissioner have been made.  If the organization does not request ahearing on the report, the examination report shall be filed at the end ofsixty days.

(c)  Once filed, the report shall be availablefor public inspection and shall be admissible as a public record, except thatthe commissioner or the commissioner's examiners may at any time testify andoffer other proper evidence as to information secured during the course of anexamination, regardless of whether a written report of the examination has atthat time been either made, served, or filed in the insurance division. [L1987, c 347, pt of §2; am L 1990, c 255, §12; am L 2004, c 122, §63]