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



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



(1)  A policyholder or claimant under an insurance
policy;



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



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



(4)  A settlor or beneficiary of a "blind
trust" into which any otherwise permissible holdings have been placed. [L
2007, c 227, pt of §1]