§431:2-306  Examination expense.  (a) 
Examinations of:



(1)  Any insurer;



(2)  Any person subject to examination under section
431:2-303(2); or



(3)  Any insurance guaranty fund established pursuant
to article 16;



shall be at the expense of the insurer, person, or
guaranty fund examined.  Examination expenses shall include fees, mileage, and
expenses incurred as to witnesses or any other person, as defined in article 1,
subject to an examination by the commissioner.



(b)  The insurer, person, or guaranty fund
examined and liable therefor shall pay to the commissioner's examiners upon
presentation of an itemized statement, their actual travel expenses, their
reasonable living expense allowance, and their per diem compensation at a
reasonable rate approved by the commissioner, incurred on account of the
examination.  All payments collected by the commissioner shall be remitted to:



(1)  The compliance resolution fund; or



(2)  The captive insurance administrative fund if
independent contractor examiners or captive staff examiners were employed for a
captive insurer's examination.



The commissioner or the commissioner's examiners
shall not receive or accept any additional emolument on account of any
examination.



(c)  The commissioner may assess all
examination costs of any person subject to examination under section
431:2-303(1) and article 16 when there is a premium trust fund shortage due to
substantial noncompliance with section 431:9A-123.5. [L 1987, c 347, pt of §2;
am L 1995, c 232, §9; am L 1997, c 261, §3; am L 1998, c 71, §1; am L 1999, c
163, §11; am L 2002, c 39, §8; am L 2006, c 189, §3]