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

(1)  Any insurer;

(2)  Any person subject to examination under section431:2-303(2); or

(3)  Any insurance guaranty fund established pursuantto article 16;

shall be at the expense of the insurer, person, orguaranty fund examined.  Examination expenses shall include fees, mileage, andexpenses 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 fundexamined and liable therefor shall pay to the commissioner's examiners uponpresentation of an itemized statement, their actual travel expenses, theirreasonable living expense allowance, and their per diem compensation at areasonable rate approved by the commissioner, incurred on account of theexamination.  All payments collected by the commissioner shall be remitted to:

(1)  The compliance resolution fund; or

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

The commissioner or the commissioner's examinersshall not receive or accept any additional emolument on account of anyexamination.

(c)  The commissioner may assess allexamination costs of any person subject to examination under section431:2-303(1) and article 16 when there is a premium trust fund shortage due tosubstantial 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, c163, §11; am L 2002, c 39, §8; am L 2006, c 189, §3]