reglab/housing_qa huggingface dataset:
SD Codified L § 58-4-41 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-41 - Director's order to hazardous insurer.

58-4-41. Director's order to hazardous insurer.If the director determines that the continued operation of an insurer licensed to transact business in this state may be hazardous to the policyholders, the creditors, or the general public, then the director may issue an order stating the reasons for the determination and requiring the insurer to:(1)Reduce the total amount of present and potential liability for policy benefits by reinsurance;(2)Reduce, suspend, or limit the volume of business being accepted or renewed;(3)Reduce general insurance and commission expenses by specified methods;(4)Increase the insurer's capital and surplus;(5)Suspend or limit the declaration and payment of dividend by an insurer to its stockholders or to its policyholders;(6)File reports in a form acceptable to the director concerning the market value of an insurer's assets;(7)Limit or withdraw from certain investments or discontinue certain investment practices to the extent the director deems necessary;(8)Document the adequacy of premium rates in relation to the risks insured;(9)File, in addition to regular annual statements, interim financial reports on the form adopted by the national association of insurance commissioners or in a format as promulgated by the director;(10)Correct corporate governance practice deficiencies, and adopt and utilize governance practices acceptable to the director;(11)Provide a business plan to the director in order to continue to transact business in the state; or(12)Notwithstanding any other provision of law limiting the frequency or amount of premium rate adjustments, adjust rates for any nonlife insurance product written by the insurer that the director determines necessary to improve the financial condition of the insurer.If the insurer is a foreign insurer, the director's order may be limited to the extent provided by statute. Source: SL 1992, ch 339, §3; SL 2013, ch 244, §1.
SD Codified L § 58-4-42 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-42 - Hearings on director's orders.

58-4-42. Hearings on director's orders.Any insurer subject to an order under §58-4-41 may request a hearing to review that order. The request shall be in writing and shall be made within ten days of the date of receipt of the order. The notice of hearing shall be served upon the insurer. Unless mutually agreed between the director and the insurer, the hearing shall occur not less than ten days nor more than thirty days after notice is served and shall be in Hughes County. The director shall hold all hearings under this section privately, unless the insurer requests a public hearing in which case the hearing shall be public. Source: SL 1992, ch 339, §4.
SD Codified L § 58-4-43 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-43 - Application of hazardous insurer provisions.

58-4-43. Application of hazardous insurer provisions.Sections 58-4-39 to 58-4-42, inclusive, apply to all insurers or persons doing insurance business notwithstanding any provision which exempts them from the insurance laws of this title. Source: SL 1992, ch 339, §5.
SD Codified L § 58-4-44 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-44 - Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.

58-4-44. Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.The director may investigate any person doing insurance business. The director may withhold from public inspection any examination or investigation report for so long as the director deems such withholding to be necessary for the protection of the person examined or investigated against unwarranted injury or to be in the public interest. The director shall complete any investigation in a timely manner. Any investigation not completed within twenty-four months shall be presented to the secretary of labor and regulation. If, after sixty days, the secretary has not completed the investigation, the secretary shall forward the matter to the attorney general who shall review the file and make recommendations to the secretary for the purpose of ensuring final action is taken concerning the investigation. If the Division of Insurance has given notice of a pending investigation to any person or legal entity, the division shall notify any such person or legal entity that the investigation is closed or final action has been taken. Source: SL 1992, ch 340, §1; SL 2006, ch 250, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 58-4-45 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-45 - Confidentiality of certain documents.

58-4-45. Confidentiality of certain documents.Internal memoranda and telephone notes or logs of division personnel are confidential. Medical records are confidential. Source: SL 1992, ch 340, §2.
SD Codified L § 58-4-46 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-46 - Liability for release of information.

58-4-46. Liability for release of information.Any person or corporation governed by this title providing information to the Division of Insurance is not liable for the release or subsequent use of such information. Source: SL 1992, ch 340, §3.
SD Codified L § 58-4-47 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-47 - Sharing and use of confidential information with other regulatory officials--Cooperation with National Association of Insurance Commissioners.

58-4-47. Sharing and use of confidential information with other regulatory officials--Cooperation with National Association of Insurance Commissioners.The division shall allow for the sharing of otherwise confidential information, administrative or judicial orders, or other action with other state, federal, and international regulatory officials if those officials are statutorily required to maintain its confidentiality. The division shall cooperate and share all information with respect to domestic companies with other state, federal, and international regulators including committees established by the National Association of Insurance Commissioners which may be reviewing and coordinating regulatory oversight and activities. The division shall also cooperate and share information with respect to domestic companies subject to delinquency proceedings. The division may receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information from the National Association of Insurance Commissioners, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions. The division shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information. The director may use the documents, materials, or other information in the furtherance of any regulatory function or legal action brought as a part of the director's duties. Source: SL 1995, ch 274; SL 2007, ch 294, §5.
SD Codified L § 58-4-48 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-48 - Minimum levels of risk-based capital required--Administrative rules.

58-4-48. Minimum levels of risk-based capital required--Administrative rules.Any life and health and property and casualty insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, domiciled in this state shall maintain minimum levels of risk-based capital to transact the business of insurance in this state. Each life and health and property and casualty domestic insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, shall file with the director, on or before March first of each year, a report disclosing the insurer's level of risk-based capital. Any foreign life and health and property and casualty insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, shall file a similar report upon the request of the director. The director of the Division of Insurance may promulgate rules, pursuant to chapter 1-26, regarding the filing of risk-based capital reports, the establishment of various minimum levels of risk-based capital requirements, the criteria and standards for which an insurer shall be required to submit a risk-based capital plan, the director's authority to revise or adopt the insurer's risk-based capital report or plan, the opportunity for hearing regarding the director's decision to revise an insurer's risk-based capital report or plan, the director's authority to require corrective actions, the confidentiality of risk-based capital reports and plans, and the exemption of certain insurers from the requirements of this section. The director may promulgate rules, pursuant to chapter 1-26, concerning the filing of risk-based capital reports to assist the director in the evaluation of the hazardous financial condition of an insurer pursuant to §58-4-39. Source: SL 1996, ch 289; SL 2001, ch 269, §1.
SD Codified L § 58-4-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-49 - Disclosure of status, existence, or outcome of investigation or examination.

58-4-49. Disclosure of status, existence, or outcome of investigation or examination.The status, existence, or outcome of any ongoing or completed investigation or examination performed pursuant to this title may be disclosed by the director to any person who has filed a complaint or report to the director pertaining to the specific investigation or examination. The director may disclose the following information to any person identified by this section:(1)Any remedial actions agreed to by a licensee being investigated or examined;(2)Any remedial actions ordered by the director as a result of an examination or investigation; or(3)Any other such information as the parties to the remedial action may agree to release in writing.The director may also disclose the above information to any policyholder who contacts the director and who is directly affected by any action listed above. Confidential information shared with the director may not be disclosed. However, nothing in this section prevents the director from providing a copy of licensee responses or other materials submitted by a licensee to complaints or inquiries if the response or materials are not specifically marked confidential. Sections 58-4-49 to 58-4-54, inclusive, do not apply to investigations conducted pursuant to chapter 58-4A. Source: SL 2012, ch 242, §1; SL 2014, ch 234, §1.
SD Codified L § 58-4-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-50 - Definitions.

58-4-50. Definitions.Terms used in §§58-4-50 to 58-4-54, inclusive, mean:(1)"Return information," any information collected, prepared or received by the division which relates to a return, including the nature or amount of a taxpayer's income, receipts, deductions, net worth, tax liability, or deficiencies, or any part of any written determination or background file documents relating to such information. The term does not include data in a form which cannot be associated with or otherwise identify, directly or indirectly, a particular taxpayer;(2)"Returns," all tax returns, tax reports or claims for refund which are filed with the division. Source: SL 2012, ch 242, §2.
SD Codified L § 58-4-51 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-51 - Confidentiality of list of premium taxpayers--Violation as misdemeanor.

58-4-51. Confidentiality of list of premium taxpayers--Violation as misdemeanor.Each list of premium taxpayers compiled by the division is confidential. It is a Class 2 misdemeanor to disclose any list except to the extent necessary to carry out the official duties of the division. Source: SL 2012, ch 242, §3.
SD Codified L § 58-4-52 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-52 - Confidentiality of premium tax return and return information--Violation as misdemeanor.

58-4-52. Confidentiality of premium tax return and return information--Violation as misdemeanor.A premium tax return and premium tax return information is confidential. It is a Class 1 misdemeanor to disclose this information except pursuant to §§58-4-50 to 58-4-54, inclusive. Source: SL 2012, ch 242, §4.
SD Codified L § 58-4-53 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-53 - Disclosure of premium tax return and information to taxpayer.

58-4-53. Disclosure of premium tax return and information to taxpayer.A premium tax return and premium tax return information may be disclosed to the following:(1)The taxpayer who is required to submit the information to the division, or his designee appointed in writing; or(2)As otherwise authorized by Title 58. Source: SL 2012, ch 242, §5.
SD Codified L § 58-4-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-54 - Disclosure of premium tax return and return information in judicial or administrative proceeding.

58-4-54. Disclosure of premium tax return and return information in judicial or administrative proceeding.A premium tax return and premium tax return information may be disclosed in a judicial or administrative proceeding:(1)If the information is directly related to the resolution of an issue in the proceeding; or(2)To the extent required by a judicial or administrative order. Source: SL 2012, ch 242, §6.
SD Codified L § 58-4A-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-1 - Definition of terms.

58-4A-1. Definition of terms.Terms used in §§58-4A-1 to 58-4A-17, inclusive, mean:(1)"Insurer," in addition to those persons defined under subdivision 58-1-2(12), any person or entity transacting insurance with or without a certificate of authority issued by the director of insurance. The term also means health maintenance organizations, legal service insurance corporations, prepaid limited health service organizations, dental and other similar health service plans, and, notwithstanding subdivision 58-1-3(1), fraternal benefit societies;(2)"Statement," includes any application for insurance, notice, statement, proof of loss, denial, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or medical records, X-rays, test results, or other evidence of loss, injury, or expense, whether oral, written, or computer-generated; and(3)"Designee," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the State of South Dakota or of the United States, any county or municipal law enforcement agency having investigative jurisdiction, and any other person whose services are contracted for by the insurance fraud prevention unit. Source: SL 1999, ch 241, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 58-4A-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-3 - Powers of insurance fraud prevention unit.

58-4A-3. Powers of insurance fraud prevention unit.The insurance fraud prevention unit through its investigator or attorney may do the following:(1)The investigator or attorney may initiate and conduct independent investigations if the unit has cause to believe that a fraudulent insurance act has been or may be committed;(2)The investigator or attorney may review reports or complaints of alleged fraudulent insurance acts to determine whether such reports require further investigation and to conduct such investigation;(3)The investigator or attorney may undertake independent studies to determine the extent of fraudulent insurance acts;(4)The investigator or attorney may promote awareness of insurance fraud through educational seminars and other education programs for the insurance industry and the general public;(5)The attorney, subject to applicable criminal or civil law and procedure, may prosecute fraudulent insurance acts on behalf of the state through criminal and civil proceedings; and(6)The investigator or attorney may cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent insurance acts. Source: SL 1999, ch 241, §3.
SD Codified L § 58-4A-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-4 - Insurance fraud prevention unit--Purpose--Composition.

58-4A-4. Insurance fraud prevention unit--Purpose--Composition.In order to investigate and prosecute activities involving fraudulent insurance acts, the attorney general shall employ a sufficient staff to be known as the insurance fraud prevention unit which shall include a minimum of one clerical employee, one investigator, and one attorney. Source: SL 1999, ch 241, §4; SL 2013, ch 245, §1.
SD Codified L § 58-4A-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-5 - Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.

58-4A-5. Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.The insurance fraud prevention unit may prosecute fraudulent insurance acts through criminal or civil proceedings. The attorney general may appoint the insurance fraud prevention unit attorney as an assistant attorney general for purposes of prosecuting cases of fraudulent insurance acts. The unit attorney may have all the powers attributed to the insurance fraud prevention unit in §58-4A-3. The unit attorney may refer or request assistance from other persons delineated in subdivision 58-4A-1(3) for the prosecution of fraudulent acts, including access to records. All costs associated with the prosecution of fraudulent insurance acts, including those incurred by designees assisting or acting on behalf of the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund. Source: SL 1999, ch 241, §5; SL 2013, ch 245, §2.
SD Codified L § 58-4A-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-6 - Unit investigators--Qualifications--Powers--Costs of investigation.

58-4A-6. Unit investigators--Qualifications--Powers--Costs of investigation.The insurance fraud prevention unit investigators may investigate violations of this chapter. The unit investigators shall be qualified pursuant to the requirements of §§23-3-41, 23-3-42, and 23-3-44 and have all the powers and authority of law enforcement officers while performing duties pursuant to this chapter. The insurance fraud prevention unit may refer or request assistance from persons delineated in subdivision 58-4A-1(3) for the investigation of fraudulent insurance acts, including access to records. All costs associated with the investigation of fraudulent insurance acts, including those incurred by designees assisting or acting on behalf of the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund. Source: SL 1999, ch 241, §6; SL 2013, ch 245, §3.
SD Codified L § 58-4A-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-7 - Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution.

58-4A-7. Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution.If the insurance fraud prevention unit or its designees initiate civil action against any person and that person is found by a court of competent jurisdiction to have committed a fraudulent insurance act as set forth in §58-4A-2, that person is subject to a civil penalty not to exceed five thousand dollars for the first violation, ten thousand dollars for the second violation, and fifteen thousand dollars for each subsequent violation. Civil penalties paid under this section shall be deposited in the insurance fraud prevention unit fund. An action under this section may be in lieu of criminal prosecution under the laws of this state. Source: SL 1999, ch 241, §7; SL 2013, ch 245, §4.
SD Codified L § 58-4A-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-8 - Operational costs of unit.

58-4A-8. Operational costs of unit.Any costs associated with the administration and operation of the insurance fraud prevention unit, including salaries and the costs set forth in §§58-4A-5 and 58-4A-6, shall be paid from the insurance fraud prevention unit fund. All disbursements from the insurance fraud prevention unit fund shall be continuously appropriated. Source: SL 1999, ch 241, §8.
SD Codified L § 58-4A-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-9 - Expenses recoverable--Disposition of recovered costs--Compensation to person in interest.

58-4A-9. Expenses recoverable--Disposition of recovered costs--Compensation to person in interest.Costs and expenses incurred in any investigation or other action arising out of a violation under this chapter may be sought in any judgment or court decree. Any recovered costs, except civil or criminal penalties, shall be deposited by the unit or its designees in the insurance fraud prevention unit fund. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any compensation which may have been acquired by means of any act prohibited in §58-4A-2. Source: SL 1999, ch 241, §9.
SD Codified L § 58-4A-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-10 - Consent agreement not prohibited.

58-4A-10. Consent agreement not prohibited.Notwithstanding any other section of this chapter, the unit or its designees, and a person alleged to have committed a fraudulent insurance act as set forth in §58-4A-2, are not prohibited from entering into a written agreement upon commencement of a civil action in which the person alleged to have committed a fraudulent insurance act does not admit or deny the charges but consents to payment of the civil penalty. Source: SL 1999, ch 241, §10.
SD Codified L § 58-4A-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04A - Insurance Fraud|Section 58-4A-11 - Unit governed by chapter.

58-4A-11. Unit governed by chapter.For purposes of investigating and prosecuting insurance fraud, the insurance fraud prevention unit is subject to the provisions of this chapter and the procedures set forth in Title 15 or Title 23A if applicable and if not in conflict with this chapter. Source: SL 1999, ch 241, §11.