[§431:2D-109]  Immunity for market conductsurveillance personnel.  (a)  No cause of action shall arise nor shall anyliability be imposed against the commissioner, the commissioner's authorizedrepresentatives, or an examiner appointed by the commissioner for anystatements made or conduct performed in good faith while carrying out thisarticle.

(b)  No cause of action shall arise, nor shallany liability be imposed against any person for the act of communicating ordelivering information or data to the commissioner, the commissioner'sauthorized representative, or the examiner pursuant to an examination madeunder this article, if the act of communication or delivery was performed ingood faith and without fraudulent intent or the intent to deceive.

(c)  A person identified in subsection (a)shall be entitled to an award of attorney's fees and costs if the person is theprevailing party in a civil cause of action for libel, slander, or any otherrelevant tort arising out of activities in carrying out this article and theparty bringing the action was not substantially justified in doing so.  For thepurposes of this section, a proceeding is "substantially justified"if it had a reasonable basis in law or fact at the time that it was initiated.

(d)  This section shall not abrogate or modifyin any way any common law or statutory privilege or immunity heretofore enjoyedby any person identified in subsection (a). [L 2007, c 227, pt of §1]