reglab/housing_qa huggingface dataset:
DC Code § 31-853 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-853. Privilege

(a)(1) An insurance compliance self-evaluative audit document shall be privileged information and shall not be admissible as evidence in any legal action in a civil, criminal, or administrative proceeding, except as provided in subsections (b), (c), and (d) of this section and §§ 31-854 and 31-855. (2) The privilege shall not extend to: (A) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under a District or federal law, rule, or order; (B) Information obtained by observation or monitoring by any regulatory agency; or (C) Information obtained from a source independent of the insurance compliance audit. (b) If, in connection with examinations conducted under the insurance laws, a company voluntarily submits an insurance compliance self-evaluative audit document to the Commissioner, as delegate of the Mayor, as a confidential document, the provisions of § 31-1403(f) shall not apply to the insurance compliance self-evaluative audit document so voluntarily submitted. (c) To the extent that the Commissioner has the authority to compel the disclosure of an insurance compliance self-evaluative audit document under other provisions of applicable law, the document furnished to the Commissioner shall not be provided to any other persons or entities and shall be accorded the same confidentiality and other protections as provided above for voluntarily submitted documents. Any use of an insurance compliance self-evaluative audit document furnished as a result of a request by the Commissioner under a claim of authority to compel disclosure shall be limited to determining whether or not any disclosed defects in an insurer’s policies and procedures or inappropriate treatment of customers has been remedied or that an appropriate plan for their remedy is in place. (d) The privilege shall not apply to the extent that it is expressly waived by the company that prepared, or caused to be prepared, the insurance compliance self-evaluative audit document.  (Apr. 11, 2003, D.C. Law 14-293, § 4, 50 DCR 296.)  Section References This section is referenced in § 31-851.
DC Code § 31-854 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-854. Civil or administrative proceedings

A court may, after an in camera review, require disclosure of material for which the privilege is asserted if the court determines: (1) The privilege is asserted for fraudulent purposes; (2) The material is not subject to the privilege; or (3) Even if subject to the privilege, the material shows evidence of noncompliance with District or federal statutes, rules, or orders and the company failed to take reasonable corrective action or eliminate the noncompliance within a reasonable time.  (Apr. 11, 2003, D.C. Law 14-293, § 5, 50 DCR 296.)  Section References This section is referenced in § 31-853, § 31-856, and § 31-857.
DC Code § 31-855 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-855. Criminal proceedings

A court may, after an in camera review, require disclosure of material for which the privilege is asserted, if the court determines: (1) The privilege is asserted for a fraudulent purpose; (2) The material is not subject to the privilege; (3) Even if subject to the privilege, the material shows evidence of noncompliance with District or federal statutes, rules, or orders and the company failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time; or (4) The material contains evidence relevant to the commission of a criminal offense under District law, and: (A) The Commissioner, Corporation Counsel, or U.S. Attorney has a compelling need for the information; (B) The information is not otherwise available; and (C) The Commissioner, Corporation Counsel, or U.S. Attorney is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay.  (Apr. 11, 2003, D.C. Law 14-293, § 6, 50 DCR 296.)  Section References This section is referenced in § 31-853, § 31-856, and § 31-857.
DC Code § 31-856 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-856. Requests for disclosure

(a) The Commissioner, Corporation Counsel, or U.S. Attorney may request, in writing by certified mail, disclosure of an insurance compliance self-evaluative audit document within 30 days after the service of the request. The company that prepared the document or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. Failure by the company to file a petition waives the privilege for that particular document. A company asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall include in its request the information set forth in subsection (d) of this section. (b) Upon the filing of a petition under this section, the court shall issue an order scheduling, within 45 days after the filing of the petition, an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. (c) The court, after an in camera review, may require disclosure of material for which the privilege is asserted in accordance with § 31-854 or § 31-855. The court shall compel only the disclosure of those portions of an insurance compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. A compelled disclosure shall not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal, or administrative proceeding. A company unsuccessfully opposing disclosure may apply to the court for an order protecting the document from further disclosure. (d) A company asserting the privilege in response to a request for disclosure under this section shall provide to the Commissioner, Corporation Counsel, or U.S. Attorney, as the case may be, at the time of filing any objection to the disclosure that: (A) The date and time that the insurance compliance self-evaluative audit document was prepared; (B) The identity of the entity conducting the audit; (C) The general nature of the activities covered by the insurance compliance audit; and (D) An identification of the portions of the insurance compliance self evaluative audit document for which the privilege is being asserted.  (Apr. 11, 2003, D.C. Law 14-293, § 7, 50 DCR 296.)
DC Code § 31-857 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-857. Burden of proof

(a) A company asserting the privilege shall have the burden of demonstrating the applicability of the privilege. If a company has established the applicability of the privilege, a party seeking disclosure under § 31-854 shall have the burden of proving that the privilege is asserted for a fraudulent purpose or that the company failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. The Commissioner, Corporation Counsel, or U. S. Attorney seeking disclosure under § 31-855 shall have the burden of proof. (b) The parties may at any time agree to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document be disclosed.  (Apr. 11, 2003, D.C. Law 14-293, § 8, 50 DCR 296.)
DC Code § 31-858 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 8A - Insurance Compliance Self-Evaluation Privilege|§ 31-858. Applicability

The privilege shall apply to all litigation or administrative proceedings pending on April 11, 2003, or filed subsequent to April 11, 2003.  (Apr. 11, 2003, D.C. Law 14-293, § 9, 50 DCR 296.)
DC Code § 31-901 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-901. Definitions

For the purposes of this chapter, the term: (1) “Converted stock company” means a District of Columbia domiciled stock company that converted from a District of Columbia mutual company pursuant to this chapter. (1A) “Commissioner” means the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking]. (2) “District” means the District of Columbia. (3) “Eligible member” means a member whose policy is in force as of the date the mutual company’s board of directors adopts a plan of conversion. (A) A person insured under a group policy is not an eligible member, unless: (i) The person is insured or covered under a group life policy or group annuity contract under which funds are accumulated and allocated to the respective covered person; (ii) The person has the right to direct the application of the funds so allocated; (iii) The group policyholder makes no contribution to the premiums or deposits for the policy or contract; and (iv) The mutual company has the names and addresses covered under the group policy or group annuity contract. (B) A person whose policy is issued after the board of directors adopts the plan but before the plan’s effective date is not an eligible member, but shall have those rights set forth in § 31-910. (4) “Plan of conversion” or “plan” means a plan adopted by a District of Columbia domestic mutual company’s board of directors pursuant to this chapter to convert the mutual company into a District of Columbia domiciled stock company. (5) “Policy” includes an annuity contract. (6) Repealed.  (May 24, 1996, D.C. Law 11-126, § 2, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(a), 45 DCR 745.)  Prior Codifications 1981 Ed., § 35-4201.
DC Code § 31-902 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-902. Adoption of the plan of conversion by the board of directors

(a) A mutual company seeking to convert to a stock company shall, by the affirmative vote of a majority of its board of directors, adopt a plan of conversion consistent with the requirements of § 31-906. (b) At any time before approval of a plan by the Commissioner, the mutual company, by the affirmative vote of a majority of its board of directors, may amend or withdraw the plan.  (May 24, 1996, D.C. Law 11-126, § 3, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(b), 45 DCR 745; Apr. 3, 2001, D.C. Law 13-214, § 2(a), 47 DCR 9580.)  Prior Codifications 1981 Ed., § 35-4202. Effect of Amendments D.C. Law 13-214 substituted “a majority” for “2/3” in subsecs. (a) and (b).
DC Code § 31-903 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-903. Approval of the plan of conversion by the Commissioner of the Department of Insurance, Securities, and Banking

(a) After adoption by the mutual company’s board of directors, the plan shall be submitted to the Commissioner for review and approval. The Commissioner shall approve the plan upon finding that: (1) The provisions of this section have been complied with; (2) The plan will not prejudice the interests of the members; and (3) The plan’s method of allocating subscription rights is fair and equitable. (a-1) The Commissioner, in his discretion, may order that a hearing on the plan be held, which hearing shall be conducted in accordance with the contested case procedures set forth in § 2-509. (a-2) A decision or order of the Commissioner, after a hearing conducted in accordance with the contested case procedures as set forth in subsection (a-1) of this section, may be reviewed as provided in § 2-510. (b) Prior to the members’ approval of the plan, a mutual company seeking the Commissioner’s approval of a plan shall file the following documents with the Commissioner for review and approval: (1) The plan of conversion, including the independent evaluation of pro forma market value required by § 31-906(f); (2) The form of notice required by § 31-904(b) for eligible members of the meeting to vote on the plan; (3) Any proxies to be solicited from eligible members pursuant to § 31-904(c); (4) The form of notice required by § 31-910(a) for persons whose policies are issued after adoption of the plan but before its effective date; and (5) The proposed articles of incorporation and bylaws of the converted stock company. Once filed, these documents shall be approved or disapproved by the Commissioner within a reasonable time. (c) After the members have approved the plan, the converted stock company shall file the following documents with the Commissioner: (1) The minutes of the meeting of the members at which the plan was voted upon; and (2) The revised articles of incorporation and bylaws of the converted stock company. (d) The Commissioner may retain, at the mutual company’s expense, any qualified expert not otherwise a part of the Commissioner’s staff to assist in reviewing the plan and the independent evaluation of the pro forma market value which is required by § 31-906(i).  (May 24, 1996, D.C. Law 11-126, § 4, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(c), 45 DCR 745; Apr. 3, 2001, D.C. Law 13-214, § 2(b), 47 DCR 9580; Oct. 19, 2002, D.C. Law 14-213, § 19, 49 DCR 8140.)  Prior Codifications 1981 Ed., § 35-4203. Section References This section is referenced in § 31-1371.05. Effect of Amendments D.C. Law 13-214 inserted subsecs. (a-1) and (a-2). D.C. Law 14-213, in subsec. (a-2), validated a previously made technical correction.
DC Code § 31-904 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-904. Approval of the plan by the members

(a) All eligible members shall be given notice of and an opportunity to vote upon the plan. (b) All eligible members shall be given notice of the members’ meeting to vote upon the plan. A copy of the plan or a summary of the plan shall accompany the notice. The notice shall be mailed to each member’s last known address, as shown on the mutual company’s records, within 45 days of the Commissioner’s approval of the plan. The meeting to vote upon the plan shall not be set for a date less than 10 days and no more than 60 days after the date when the notice of the meeting is mailed by the mutual company. If the meeting to vote upon the plan is held coincident with the mutual company’s annual meeting of policyholders, only one combined notice of meeting is required. (c) After approval by the Commissioner, the plan shall be adopted upon receiving the affirmative vote of at least a majority of the votes cast by eligible members. Members entitled to vote upon the proposed plan may vote in person or by proxy. Any proxies to be solicited from eligible members shall be filed with and approved by the Commissioner. The number of votes each eligible member may cast shall be determined by the mutual company bylaws. If the bylaws are silent, each eligible member may cast one vote.  (May 24, 1996, D.C. Law 11-126, § 5, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(d), 45 DCR 745; Apr. 3, 2001, D.C. Law 13-214, § 2(c), 47 DCR 9580.)  Prior Codifications 1981 Ed., § 35-4204. Section References This section is referenced in § 31-903. Effect of Amendments D.C. Law 13-214, in subsec. (b), substituted “10 days and no more than 60 days” for “60 days”.
DC Code § 31-905 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-905. Adoption of revised articles of incorporation

(a) Adoption of the revised articles of incorporation of the converted stock company is necessary to implement the plan and shall be governed by the applicable provisions of District law. (b) For a Class 1 mutual company, the members may adopt the revised articles of incorporation at the same meeting at which the members approve the plan. (c) For a Class 2 or 3 mutual company, the revised articles of incorporation may be adopted solely by the board of directors or trustees, as provided by District law.  (May 24, 1996, D.C. Law 11-126, § 6, 43 DCR 1551.)  Prior Codifications 1981 Ed., § 35-4205. Emergency Legislation For temporary amendment of section, see § 2(a) of the Insurance Demutualization Emergency Amendment Act of 1998 (D.C. Act 12-528, December 16, 1998, 45 DCR 476). For temporary (90-day) amendment of section, see § 2(a) of the Insurance Demutualization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-35, March 18, 1999, 46 DCR 3004). Temporary Legislation For temporary (225 day) amendment of section, see § 2(a) of the Insurance Demutualization Temporary Amendment Act of 1998 (D.C. Law 12-221, April 13, 1999, law notification 46 DCR 3843).
DC Code § 31-905.01 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-905.01. Acquiring, offering securities issued in connection with a plan of conversion

Prior to implementation of a plan of conversion adopted by a mutual company, no person shall knowingly acquire, or make any offer, or make any announcement of an offer, for any security issued, or to be issued, by the mutual company in connection with its plan of conversion, or for any security issued by any other company authorized as an alternative for purposes of effecting the conversion pursuant to § 31-906(e), except in compliance with the maximum purchase limitations imposed by § 31-906(l) or the terms of the plan of conversion as approved by the Commissioner.  (May 24, 1996, D.C. Law 11-126, § 6a, 43 DCR 1551; as added July 17, 1999, D.C. Law 13-13, § 2(a), 46 DCR 4428.)
DC Code § 31-907 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-907. Optional provisions in a plan of conversion

(a) The following provisions may be included in the plan: (1) The plan may provide that the directors and officers of the mutual company shall receive, without payment, nontransferable subscription rights to purchase capital stock of the converted stock company or the stock of another corporation that is participating in the conversion plan as provided in § 31-906(e). Those subscription rights shall be allocated among the directors and officers by a fair and equitable formula. (2) The total number of shares that may be purchased under subsection (a)(1) of this section may not exceed 85% of the total number of shares to be issued in the case of a mutual company with total assets of less than $50 million, or 25% of the total shares to be issued in the case of a mutual company with total assets or more than $500 million. For mutual companies with total assets between $50 million and $500 million, the total number of shares that may be purchased shall be interpolated. (3) Stock purchased by a director or officer under subsection (a)(1) of this section shall not be sold within one year following the effective date of the conversion. (4) The plan may also provide that a director or officer or person acting in concert with a director or officer of the mutual company may not acquire any capital stock of the converted stock company for 3 years after the effective date of the plan, except through a broker or dealer, without the permission of the Commissioner. That provision may not apply to prohibit the directors and officers from purchasing stock through subscription rights received in the plan under subsection (a)(1) of this section. (b) The plan may allocate to a tax-qualified employee benefit plan nontransferable subscription rights to purchase up to 10% of the capital stock of the converted stock company, or the stock of another corporation that is participating in the conversion plan as provided in § 31-906(e) and (l). The employee benefit plan shall be entitled to exercise its subscription rights regardless of the amount of shares purchased by other persons.  (May 24, 1996, D.C. Law 11-126, § 8, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(f), 45 DCR 745; July 17, 1999, D.C. Law 13-13, § 2(b), 46 DCR 4428.)  Prior Codifications 1981 Ed., § 35-4207. Section References This section is referenced in § 31-906. Effect of Amendments D.C. Law 13-13 in subsecs. (a) and (b) modified the statutory referents. Emergency Legislation For temporary amendment of section, see § 2(b) of the Insurance Demutualization Emergency Amendment Act of 1998 (D.C. Act 12-528, December 16, 1998, 45 DCR 476). For temporary (90-day) amendment of section, see § 2(b) of the Insurance Demutualization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-35, March 18, 1999, 46 DCR 3004).
DC Code § 31-908 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-908. Alternative plan of conversion

The board of directors may adopt a plan of conversion that does not rely in whole or in part upon the issuance to members of nontransferable subscription rights to purchase stock of the converted stock company if the Commissioner finds that the plan does not prejudice the interest of the members, is fair and equitable, and is based upon an independent appraisal of the market value of the mutual company by a qualified person and a fair and equitable allocation of any consideration to be given eligible members. The Commissioner may retain, at the mutual company’s expense, any qualified expert not otherwise a part of the Commissioner’s staff to assist in reviewing whether the plan may be approved by the Commissioner.  (May 24, 1996, D.C. Law 11-126, § 9, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(g), 45 DCR 745.)  Prior Codifications 1981 Ed., § 35-4208.
DC Code § 31-909 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 9 - Insurance Demutualization|§ 31-909. Effective date of the plan

A plan shall become effective when the Commissioner has approved the plan.  (May 24, 1996, D.C. Law 11-126, § 10, 43 DCR 1551; Mar. 24, 1998, D.C. Law 12-81, § 43(h), 45 DCR 745; Apr. 3, 2001, D.C. Law 13-214, § 2(e), 47 DCR 9580.)  Prior Codifications 1981 Ed., § 35-4209. Effect of Amendments D.C. Law 13-214 rewrote the section which had read: “A plan shall become effective when the Commissioner has approved the plan, the members have approved the plan, and the revised articles of incorporation have been filed.”