reglab/housing_qa huggingface dataset:
MT Code § 33-1-301 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-301. Insurance department -- control -- appropriations

  33-1-301. Insurance department -- control -- appropriations. (1) The insurance department shall be under the control and supervision of the commissioner.   (2) Funds adequate for the maintenance and operation of the insurance department shall be expressly appropriated by the legislature and shall be used solely for the purposes for which so appropriated.   History: En. Sec. 21, Ch. 286, L. 1959; R.C.M. 1947, 40-2702(2), (3).
MT Code § 33-1-302 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-302. Commissioner's seal

  33-1-302. Commissioner's seal. (1) The commissioner must have a seal of office consisting of the same symbolic design within the inner circle as the great seal of the state of Montana, encircled by the words "Commissioner of Insurance, State of Montana".   (2) All certificates and licenses issued by the commissioner must bear the seal, except that the commissioner may omit the seal for licenses.   History: En. Sec. 22, Ch. 286, L. 1959; R.C.M. 1947, 40-2703; amd. Sec. 1061, Ch. 56, L. 2009.
MT Code § 33-1-303 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-303. Deputies and assistants -- employment, compensation, and termination

  33-1-303. Deputies and assistants -- employment, compensation, and termination. (1) The commissioner shall appoint a chief deputy insurance commissioner who is in charge of the insurance department under the direction and control of the commissioner.   (2) The commissioner may appoint additional deputy insurance commissioners for the purposes that the commissioner designates.   (3) The commissioner may employ a competent insurance actuary to perform actuarial duties, if any, of the department, to take charge of or assist in the examination of insurers, and to perform other duties assigned to the commissioner.   (4) The commissioner may appoint or employ examiners to conduct or assist in examinations of insurers and others provided for under the code. Examiners must be competent, because of experience or special education or training, to fulfill the responsibilities of an insurance examiner.   (5) The commissioner shall appoint or employ insurance protection analysts for the purpose of ensuring that insurers and their representatives comply with market regulations provided by law.   (6) The commissioner may appoint and employ a field investigator whose primary duty it is, as directed by the commissioner, to make investigations in this state of violations or claimed violations of this code.   (7) The commissioner may appoint a chief clerk for the insurance department and employ other assistants and clerks as may be necessary to assist the commissioner properly to discharge the duties imposed under this code.   (8) The commissioner may at any time terminate the appointment, designation, or employment of any deputy, actuary, chief clerk, or other employee.   (9) The commissioner may from time to time contract for and procure, on a fee or part-time basis, or both, actuarial, technical, or other professional services as the commissioner may require for the discharge of duties.   (10) The compensation of the commissioner's personal staff, as defined in Title 2, chapter 18, part 1, shall be as fixed by the commissioner but in the aggregate may not exceed current funds appropriated by the legislature to the insurance department or otherwise currently available for the purpose.   History: En. Sec. 23, Ch. 286, L. 1959; R.C.M. 1947, 40-2704; amd. Sec. 1, Ch. 4, L. 1979; amd. Sec. 4, Ch. 198, L. 1979; amd. Sec. 1, Ch. 165, L. 1993.
MT Code § 33-1-304 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-304. Delegation of authority -- responsibility

  33-1-304. Delegation of authority -- responsibility. (1) The commissioner may delegate to any deputy, assistant, examiner, or employee of the commissioner's department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial or discretionary, vested by this code in the commissioner.   (2) The commissioner is responsible for the official acts of the commissioner's deputy, assistant, examiner, or employee acting in the commissioner's name and by the commissioner's authority.   History: En. Sec. 25, Ch. 286, L. 1959; R.C.M. 1947, 40-2706; amd. Sec. 1062, Ch. 56, L. 2009.
MT Code § 33-1-305 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-305. Conflicts of interest prohibited

  33-1-305. Conflicts of interest prohibited. The commissioner or any deputy, examiner, assistant, or employee of the commissioner:   (1) may not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction except as a policyholder or claimant under a policy; and   (2) is subject to the ethics provisions in Title 2, chapter 2.   History: En. Sec. 24, Ch. 286, L. 1959; R.C.M. 1947, 40-2705(part); amd. Sec. 1, Ch. 62, L. 2019.
MT Code § 33-1-306 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-306. Dual contracts permitted

  33-1-306. Dual contracts permitted. As to such matters wherein a conflict of interest does not exist on the part of any such individual, the commissioner may employ or retain from time to time insurance actuaries, attorneys, or other technicians who are independently practicing their professions even though similarly employed or retained by insurers or others.   History: En. Sec. 24, Ch. 286, L. 1959; R.C.M. 1947, 40-2705(part).
MT Code § 33-1-307 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-307. through 33-1-310 reserved

  33-1-307 through 33-1-310 reserved.
MT Code § 33-1-311 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-311. General powers and duties

  33-1-311. General powers and duties. (1) The commissioner shall enforce the applicable provisions of the laws of this state and shall execute the duties imposed on the commissioner by the laws of this state.   (2) The commissioner has the powers and authority expressly conferred upon the commissioner by or reasonably implied from the provisions of the laws of this state.   (3) Except as otherwise provided in 33-39-101, the commissioner shall administer the department to ensure that the interests of insurance consumers are protected.   (4) The commissioner may conduct examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the commissioner considers proper, to determine whether any person has violated any provision of the laws of this state or to secure information useful in the lawful administration of any provision. The cost of additional examinations and investigations must be borne by the state.   (5) The commissioner shall maintain as confidential any information or document received from:   (a) the national association of insurance commissioners; or   (b) another state agency, an insurance department from another state, a federal agency, the interstate insurance product regulation commission, or a foreign government that treats the same information or document as confidential. The commissioner may provide information or documents, including information or documents that are confidential, to another state agency, the national association of insurance commissioners, a state or federal law enforcement agency, a federal agency, the interstate insurance product regulation commission, a foreign government, or an insurance department in another state if the recipient agrees to maintain the confidentiality of the information or documents.   (6) The department is a criminal justice agency as defined in 44-5-103.   History: En. Sec. 28, Ch. 286, L. 1959; amd. Sec. 1, Ch. 16, L. 1969; R.C.M. 1947, 40-2709(1) thru (3), (5); amd. Sec. 1, Ch. 99, L. 1989; amd. Sec. 2, Ch. 165, L. 1993; amd. Sec. 5, Ch. 379, L. 1995; amd. Sec. 10, Ch. 472, L. 1999; amd. Sec. 14, Ch. 227, L. 2001; amd. Sec. 2, Ch. 399, L. 2007; amd. Sec. 6, Ch. 227, L. 2011; amd. Sec. 4, Ch. 360, L. 2013.
MT Code § 33-1-312 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-312. Records and certificates

  33-1-312. Records and certificates. (1) The commissioner shall enter in permanent form records of the commissioner's official transactions, examinations, investigations, and proceedings and keep the records in the commissioner's office. The records and insurance filings in the commissioner's office must be open to public inspection except as otherwise provided in this code with respect to particular records or filings.   (2) When required, the commissioner shall furnish a certificate as to the authority of any person to transact insurance, and the certificate must be evidence of the facts set forth in the certificate.   (3) Copies of records or documents in the commissioner's office certified to by the commissioner must be received in evidence in all courts as if they were the originals.   History: (1)En. Sec. 26, Ch. 286, L. 1959; Sec. 40-2707, R.C.M. 1947; (2), (3)En. Sec. 27, Ch. 286, L. 1959; Sec. 40-2708, R.C.M. 1947; R.C.M. 1947, 40-2707, 40-2708; amd. Sec. 1063, Ch. 56, L. 2009.
MT Code § 33-1-313 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-313. Rules

  33-1-313. Rules. The commissioner may make reasonable rules necessary for or as an aid to the effective administration of any provision of this code.   History: En. Sec. 29, Ch. 286, L. 1959; R.C.M. 1947, 40-2710; amd. Sec. 80, Ch. 370, L. 1987; amd. Sec. 6, Ch. 606, L. 1987; amd. Sec. 15, Ch. 227, L. 2001.
MT Code § 33-1-314 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-314. Orders and notices

  33-1-314. Orders and notices. (1) Orders and notices of the commissioner are not effective unless in writing, signed by the commissioner or by the commissioner's authority.   (2) Each order must state its effective date and must concisely state:   (a) its intent or purpose;   (b) the grounds on which the order is based;   (c) the provisions of this code pursuant to the action taken or proposed to be taken, but failure to designate a particular provision does not deprive the commissioner of the right to rely on a particular provision.   (3) The commissioner may effect service of process of an order or notice by mailing it, postage prepaid, addressed to the person affected by the order or notice, to the person's principal place of business as recorded in the commissioner's office. The commissioner's order is effective when mailed. If the commissioner does not have a record of the person's principal place of business, the commissioner may effect service of process of an order or notice upon a person by mailing it, postage prepaid, to the address as listed on the person's driver's license, as ascertained by the commissioner through the motor vehicle division of the department of justice, or, if a partnership, corporation, or similar entity, as ascertained from documentation filed in the office of the secretary of state.   (4) The commissioner may have a person served pursuant to Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure.   History: En. Sec. 30, Ch. 286, L. 1959; R.C.M. 1947, 40-2711; amd. Sec. 16, Ch. 227, L. 2001.
MT Code § 33-1-315 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-315. Witnesses -- production of records -- subpoena -- failure to respond

  33-1-315. Witnesses -- production of records -- subpoena -- failure to respond. (1) With respect to the subject of any examination or investigation being conducted by the commissioner, or the commissioner's designee if general written authority has been given the designee by the commissioner, the commissioner or the designee may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the production of records, books, papers, contracts, and other documents by attachments, if necessary. Subpoenas of witnesses must be served in the same manner as if issued from a district court.   (2) If in connection with an examination of an insurer the commissioner or the commissioner's designee desires to examine an officer, director, or manager who is outside this state, the commissioner or the commissioner's designee may conduct and enforce by all appropriate and available means any examination under oath in any other state or territory of the United States in which the officer, director, or manager is located, to the full extent permitted by the laws of that state or territory.   (3) If a witness fails to obey a subpoena to appear before the commissioner or the commissioner's designee or refuses to testify or answer any material question or to produce records, books, papers, contracts, or documents when required to do so, the commissioner or the commissioner's designee shall institute proceedings in the district court to compel obedience to the subpoena or other order or to punish the witness for neglect or refusal to obey the summons or other order.   (4) Witness fees and mileage, if claimed, must be allowed on the same basis as for testimony in a district court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony must be itemized and paid by the person being examined if the person is found to have been in violation of the law as to the matter with respect to which the witnesses were subpoenaed.   (5) A person who knowingly fails to attend, answer, and produce records, documents, or other evidence requested by the commissioner or the commissioner's designee, who knowingly fails to give full and truthful information or to answer in writing to any material inquiry of the commissioner or the commissioner's designee relative to the subject of an examination, investigation, or hearing, or who knowingly fails to appear and testify under oath before the commissioner or the commissioner's designee is subject to the provisions of 33-1-317 and 33-1-318.   History: En. Sec. 37, Ch. 286, L. 1959; R.C.M. 1947, 40-2718; amd. Sec. 5, Ch. 198, L. 1979; amd. Sec. 17, Ch. 227, L. 2001; amd. Sec. 3, Ch. 493, L. 2003.
MT Code § 33-1-316 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-316. Testimony compelled -- immunity from prosecution

  33-1-316. Testimony compelled -- immunity from prosecution. (1) A person may not be excused from attending and testifying or producing any evidence in any examination or investigation conducted by or under authority of the commissioner on the ground that the person's testimony or the evidence required may tend to incriminate or subject the person to a penalty or forfeiture. However, testimony or evidence compelled following a claim of privilege against self-incrimination or any information directly or indirectly derived from compelled testimony or evidence may not be used against the person in a criminal prosecution.   (2) The commissioner may grant immunity from prosecution for or on account of any act, occurrence, transaction, matter, or other thing concerning which a person testifies if the commissioner determines that the ends of justice would be served by granting the additional immunity.   (3) Immunity does not extend to prosecution or punishment for false statements by the person that are contained in testimony or evidence given under this part.   History: En. Sec. 38. Ch. 286, L. 1959; R.C.M. 1947, 40-2719; amd. Sec. 1, Ch. 246, L. 1991; amd. Sec. 1, Ch. 451, L. 1993; amd. Sec. 18, Ch. 227, L. 2001.
MT Code § 33-1-317 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 3. Commissioner and Department General Powers and Duties|33-1-317. Penalty imposed by commissioner

  33-1-317. Penalty imposed by commissioner. The commissioner may, after having conducted a hearing pursuant to 33-1-701, impose a fine not to exceed the sum of $25,000 upon a person found to have violated a provision of this code or regulation promulgated by the commissioner, except that the fine imposed upon insurance producers or adjusters may not exceed $5,000 per violation. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana. Imposition of a fine under this section is an order from which an appeal may be taken, pursuant to the provisions of 33-1-711.   History: En. Sec. 28, Ch. 286, L. 1959; amd. Sec. 1, Ch. 16, L. 1969; R.C.M. 1947, 40-2709(4); amd. Sec. 1, Ch. 278, L. 1987; amd. Sec. 81, Ch. 370, L. 1987; amd. Sec. 7, Ch. 606, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 164, L. 1993.
MT Code § 33-1-401 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-401. Examination of insurers

  33-1-401. Examination of insurers. (1) The commissioner shall examine the affairs, transactions, accounts, records, and assets of each authorized insurer as often as the commissioner considers advisable. The commissioner shall examine each authorized insurer not less frequently than every 5 years.   (2) The commissioner shall in like manner examine each insurer applying for an initial certificate of authority to do business in this state.   (3) In lieu of making an examination under this part of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company prepared by the insurance department for the company's state of domicile or port-of-entry state until January 1, 1994. After January 1, 1994, the reports may only be accepted if:   (a) the insurance department was at the time of the examination accredited under the national association of insurance commissioners' financial regulation standards and accreditation program; or   (b) the examination is performed under the supervision of an accredited state insurance department or with the participation of one or more examiners who are employed by such an accredited state insurance department and who, after a review of the examination workpapers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.   (4) For purposes of completing an examination of any company under this part, the commissioner may examine or investigate any person or the business of any person, insofar as the examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.   History: En. Sec. 32, Ch. 286, L. 1959; R.C.M. 1947, 40-2713; amd. Sec. 39, Ch. 596, L. 1993.
MT Code § 33-1-402 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-402. Examination of insurance producers, managers, and promoters

  33-1-402. Examination of insurance producers, managers, and promoters. For the purpose of ascertaining compliance with this code, the commissioner may, as often as the commissioner considers advisable, examine the accounts, records, documents, and transactions pertaining to or affecting its insurance affairs or proposed insurance affairs of:   (1) an insurance producer, surplus lines insurance producer, general insurance producer, adjuster, or public adjuster;   (2) a person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer;   (3) a person holding the shares of voting stock or policyholder proxies of a domestic insurer, for the purpose of controlling the management of the domestic insurer, as voting trustee or otherwise;   (4) a person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer or insurance holding corporation or corporation to finance a domestic insurer or the production of its business.   History: En. Sec. 33, Ch. 286, L. 1959; R.C.M. 1947, 40-2714; amd. Sec. 22, Ch. 537, L. 1987; amd. Sec. 7, Ch. 713, L. 1989; amd. Sec. 1064, Ch. 56, L. 2009; amd. Sec. 1, Ch. 139, L. 2015.
MT Code § 33-1-403 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-403. Repealed

  33-1-403. Repealed. Sec. 71, Ch. 596, L. 1993.   History: En. Sec. 34, Ch. 286, L. 1959; R.C.M. 1947, 40-2715; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-1-404 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-404. through 33-1-407 reserved

  33-1-404 through 33-1-407 reserved.
MT Code § 33-1-410 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-410. Conflict of interest

  33-1-410. Conflict of interest. (1) An examiner may not be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest with, is affiliated with the management of, or owns a pecuniary interest in any person subject to examination under this part. This section may not be construed to automatically preclude an examiner from being:   (a) a policyholder or claimant under an insurance policy;   (b) a grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;   (c) an investment owner in shares of regulated diversified investment companies; or   (d) a settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.   (2) Notwithstanding the requirements of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other individuals who are independently practicing their professions, even though the persons may from time to time be similarly employed or retained by persons subject to examination under this part.   History: En. Sec. 33, Ch. 596, L. 1993.