[§431:2D-108]  Market conduct surveillancepersonnel.  (a)  Market conduct surveillance personnel shall be qualifiedby education, experience, and, where applicable, professional designations. The commissioner may supplement the in-house market conduct surveillance staffwith qualified outside professional assistance if the commissioner determinesthat assistance is necessary.

(b)  Market conduct surveillance personnel havea conflict of interest, either directly or indirectly, if they are affiliatedwith the management, have been employed by, or own a pecuniary interest in theinsurer subject to any examination under this article within the most recentfive years prior to the use of the personnel.  This section shall not beconstrued to automatically preclude an individual from being:

(1)  A policyholder or claimant under an insurancepolicy;

(2)  A grantee of a mortgage or similar instrument onthe individual's residence from a regulated entity if done under customaryterms and in the ordinary course of business;

(3)  An investment owner in shares of regulateddiversified investment companies; or

(4)  A settlor or beneficiary of a "blindtrust" into which any otherwise permissible holdings have been placed. [L2007, c 227, pt of §1]