Idaho State Statutes - Idaho Attorney Directory

CONDUCT OF EXAMINATION -- ACCESS TO RECORDS -- CORRECTION OF
ACCOUNTS -- REMOVAL OF RECORDS. (1) Upon determining that an examination
should be conducted, the director or the director's designee shall issue an
examination warrant appointing one (1) or more examiners to perform the
examination and instructing them as to the scope of the examination. In
conducting the examination, the examiner shall observe those guidelines and
procedures set forth in the examiners' handbook adopted by the national
association of insurance commissioners. The director may also employ such
other guidelines or procedures as the director may deem appropriate.
(2) Upon such examination the director or examiner may examine under oath
any officer, agent, or other individual deemed to have material information
regarding the affairs of the person under examination.
(3) Every person being examined, its officers, attorneys, employees,
agents, representatives or others having custody or control thereof, shall
make freely available to the director or his examiners the accounts, records,
documents, files, information, assets and matters in his possession or control
relating to the subject of the examination, and shall facilitate the
examination.
(4) If the director finds any accounts or records to be inadequate or
incorrectly kept or posted, he may procure the services of competent persons
to reconstruct, rewrite, post or balance them at the expense of the person
being examined if such person has failed to maintain, complete or correct such
records or accounts after the director has given him notice and a reasonable
opportunity to do so.
(5) Neither the director nor any examiner shall remove any record,
account, document, file or other property of the person being examined from
the offices of such person except with the written consent of such person
being given in advance of such removal, or pursuant to an order of court duly
obtained. This provision shall not be deemed to affect the making and removal
of copies or abstracts of any such record, account, document, or file.
(6) Nothing contained in this chapter shall be construed to limit the
director's authority to terminate or suspend any examination in order to
pursue other legal or regulatory action pursuant to the insurance laws of this
state.
(7) Nothing contained in this chapter shall be construed to limit the
director's authority to use any final examination report, or to use any
examiner or company work papers or other documents, or any other information
discovered or developed during the course of any examination in any judicial
proceeding or administrative proceeding under this chapter.

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