reglab/housing_qa huggingface dataset:
SD Codified L § 58-3-12.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-12.1 - Examinations other than financial examinations--Examination report--Optional or mandatory.

58-3-12.1. Examinations other than financial examinations--Examination report--Optional or mandatory.Notwithstanding §§58-3-10 and 58-3-12, for examinations, other than financial examinations, subject to the provisions of this chapter, the director or the examiner may issue an examination report. If an examination report is issued pursuant to this section, the applicable provisions of this chapter apply. If the person being examined makes a written request for an examination report within thirty days of receipt of written notice by the director of the completion of the examination, the director or examiner shall issue the examination report within sixty days of the date of the receipt of the request or the completion of the examination, whichever is later. Source: SL 2005, ch 262, §1.
SD Codified L § 58-3-12.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-12.2 - Market conduct examination--Draft examination report.

58-3-12.2. Market conduct examination--Draft examination report.Prior to the completion of a market conduct examination, the director may request that the examiner in charge provide a draft examination report that is not to be filed under oath. The draft examination report does not constitute the conclusion of the examination and does not trigger the provisions of §58-3-12 until filed with the division under oath. Once the division has received the draft examination report, the director may share the draft examination report with the company examined to facilitate the resolution of the examination. The examiner in charge shall submit the examination report under oath and trigger the provisions of §58-3-12 within one hundred eighty days of the director sharing the draft examination report pursuant to this section, unless the secretary provides a longer timeframe to allow additional consideration of the draft examination report by the company being examined. Nothing in this section applies to financial examinations. Source: SL 2014, ch 232, §1.
SD Codified L § 58-3-12.3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-12.3 - Draft examination report not governed by §§ 58-3-10 to 58-3-18.

58-3-12.3. Draft examination report not governed by §§58-3-10 to 58-3-18.The provisions of §§58-3-10 to 58-3-18, inclusive, do not apply to the draft examination report. Source: SL 2014, ch 232, §2.
SD Codified L § 58-3-12.4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-12.4 - Confidentiality of draft examination report.

58-3-12.4. Confidentiality of draft examination report.Each draft examination report described in §58-3-12.2 is confidential. No draft examination report may be released except pursuant to a court order. Source: SL 2014, ch 232, §3.
SD Codified L § 58-3-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-13 - Filed examination report admissible in evidence.

58-3-13. Filed examination report admissible in evidence.The report when so filed shall be admissible in evidence, in any action or proceeding brought by the director against the person examined, or against its officers, representatives, or insurance producers, of the facts stated therein. The director and the director's examiners may at any time testify and offer other proper evidence as to information secured during the course of an examination, whether or not a written report of the examination has at that time been either made, served, or filed in the director's office.  Source: SL 1966, ch 111, ch 2, §20 (4); SL 2001, ch 286, §64.
SD Codified L § 58-3-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-14 - Withholding of report from public inspection.

58-3-14. Withholding of report from public inspection.Upon the adoption of the examination report under subdivision 58-3-12(1), the director shall continue to hold the content of the examination report as confidential information for a period of thirty days except to the extent provided in §§58-3-20, 58-3-21, and 58-3-22. Thereafter, the director may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication. Source: SL 1966, ch 111, ch 2, §20 (5); SL 1992, ch 338, §21.
SD Codified L § 58-3-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-15 - Expenses of examination paid by person examined.

58-3-15. Expenses of examination paid by person examined.Each person so examined, other than as to examinations pursuant to §58-3-5, shall pay the travel expenses, a reasonable living expense allowance, and a per diem as compensation of examiners, as necessarily incurred on account of the examination, all at reasonable rates customary therefor and as established or adopted by the director, upon presentation of a detailed account of charges and expenses. The account may be so presented periodically during the course of the examination or at the termination of the examination.The division may retain at the insurer's expense, consultants, attorneys, actuaries, accountants, and other experts not otherwise a part of the director's staff as shall be reasonably necessary to assist in the conduct of the examination. Any person so retained shall be under the direction and control of the director and shall act in a purely advisory capacity. Each insurer producing records, books, and papers for examination pursuant to this chapter is liable for and shall pay the expense of the examination. Source: SL 1966, ch 111, ch 2, §19; SL 1977, ch 404, §2; SL 1995, ch 273, §1.
SD Codified L § 58-3-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-17 - Order adopting examination report as final decision--Service--Affidavit of receipt.

58-3-17. Order adopting examination report as final decision--Service--Affidavit of receipt.Each order entered pursuant to subdivision 58-3-12(1) shall be in accordance with chapter 1-26. The order shall be accompanied by findings of fact and conclusions of law and constitutes a final decision. The order shall be served upon the company by certified mail, together with a copy of the adopted examination reports. The order shall include the provisions of this section. The company shall then serve its directors. Within thirty days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating that it has received a copy of the adopted report and related orders. Source: SL 1992, ch 338, §10; SL 2010, ch 234, §1.
SD Codified L § 58-3-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-18 - Confidential investigative hearing--Inconsistencies in examination report.

58-3-18. Confidential investigative hearing--Inconsistencies in examination report.Subject to §58-3-11, any investigative hearing conducted under subdivision 58-3-12(3) shall be a confidential, investigatory proceeding for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the director's review of relevant work papers or by the written submission or rebuttal of the company. Source: SL 1992, ch 338, §11.
SD Codified L § 58-3-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-19 - Conducting hearing--Discovery.

58-3-19. Conducting hearing--Discovery.The director may not appoint an examiner to conduct the hearing in §58-3-18. Discovery by the company is limited to the evidence, materials, and examiner's work papers specifically relating to the company being examined and which tend to substantiate or rebut any assertions set forth in any written submission. The documents produced shall be included in the record and testimony taken shall be under oath and preserved for the record.Nothing contained in this section requires the division to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency. Source: SL 1992, ch 338, §12.
SD Codified L § 58-3-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-20 - Use of information discovered during examination for legal or regulatory action.

58-3-20. Use of information discovered during examination for legal or regulatory action.The director may use and make public any final or preliminary examination report, any examiner or company work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action. Source: SL 1992, ch 338, §13.
SD Codified L § 58-3-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-21 - Disclosure of contents of examination report to insurance department or law enforcement agencies--Confidentiality.

58-3-21. Disclosure of contents of examination report to insurance department or law enforcement agencies--Confidentiality.The director is not prohibited from disclosing the contents of an examination report, preliminary examination report or results, or any matter or documentation relating thereto, to the insurance department of this or any other state or country, or to law enforcement officials of this or any other state or agency of the federal government at any time, if the agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this chapter. Any examination report, preliminary examiners report or results or any material or documentation relating thereto received by the director from another jurisdiction is confidential unless otherwise indicated by that jurisdiction. Source: SL 1992, ch 338, §14.
SD Codified L § 58-3-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-22 - Confidentiality of disclosed information--Exceptions--Access by National Association of Insurance Commissioners.

58-3-22. Confidentiality of disclosed information--Exceptions--Access by National Association of Insurance Commissioners.All working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the director or any other person in the course of an examination made under this chapter are confidential and may not be made public by the director or any other person, except to the extent provided in §§58-3-14, 58-3-20, and 58-3-21 and in any administrative or court proceeding between the company and the division.Access may also be granted to the National Association of Insurance Commissioners. The parties shall agree in writing prior to receiving the information to hold it confidential unless the prior written consent of the company to which it pertains has been obtained. Source: SL 1992, ch 338, §15.
SD Codified L § 58-3-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-23 - Preclusion of examiner--Grounds.

58-3-23. Preclusion of examiner--Grounds.No examiner may be appointed by the director if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This section may not be construed to automatically preclude an examiner from being:(1)A policyholder or claimant under an insurance policy;(2)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;(3)An investment owner in shares of regulated diversified investment companies; or(4)A settlor or beneficiary of a "blind trust" into which any otherwise impermissible holdings have been placed. Source: SL 1992, ch 338, §16.
SD Codified L § 58-3-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-24 - Liability of director or examiner--Liability for communicating or delivering information--Intent.

58-3-24. Liability of director or examiner--Liability for communicating or delivering information--Intent.No cause of action may arise nor may any liability be imposed against the director, the director's authorized representatives, or any examiner appointed by the director for any statements made or conduct performed in good faith while carrying out the provisions of this chapter. This section does not abrogate or modify in any way any common law or statutory privilege or immunity enjoyed by any person identified.No cause of action may arise, nor may any liability be imposed against any person for the act of communicating or delivering information or data to the director or the director's authorized representative or examiner pursuant to an examination, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. Source: SL 1992, ch 338, §17.
SD Codified L § 58-3-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-25 - Implementation of examination report's recommendations.

58-3-25. Implementation of examination report's recommendations.When the examination is adopted and all rights to appeal have passed, the company shall implement the recommendations set forth in the final examination report within a time set by the director. The recommendations are those which are made pursuant to §58-3-11. The director may extend the time for implementation of the recommendation upon the written request of the company and if the company shows good cause for the extension. If the company does not implement the recommendations within the set time frame, the director may fine the company for each recommendation not implemented not more than twenty-five thousand dollars or revoke or suspend the certificate of authority or both. Source: SL 1992, ch 338, §19.
SD Codified L § 58-3-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-26 - Promulgation of rules for examination.

58-3-26. Promulgation of rules for examination.The director may promulgate rules pursuant to chapter 1-26 concerning examinations, forms and procedures for reporting, examiners and their qualifications, investigations and hearing procedures. Source: SL 1992, ch 338, §20.
SD Codified L § 58-3-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 03 - Examination Of Insurers And Insurance Producers|Section 58-3-27 - Application of chapter.

58-3-27. Application of chapter.This chapter applies to all persons doing insurance business notwithstanding any provision exempting them from the insurance laws of this title. Source: SL 1992, ch 338, §22.
SD Codified L § 58-4-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-5 - Enforcement proceedings instituted by director.

58-4-5. Enforcement proceedings instituted by director.The director shall institute such suits or other legal proceedings as may be required for the enforcement of any provisions of this title. Source: SL 1966, ch 111, ch 2, §12 (1).
SD Codified L § 58-4-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-6 - Proceedings instituted by director--Legal representation.

58-4-6. Proceedings instituted by director--Legal representation.The director shall be represented by the attorney general, his assistants, or by such other attorney at law as may be designated by the attorney general. Source: SL 1966, ch 111, ch 2, §12 (3).
SD Codified L § 58-4-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-7 - Cease and desist order to prevent violations of title--Injunction.

58-4-7. Cease and desist order to prevent violations of title--Injunction.If the director of the Division of Insurance believes, from substantial evidence, that any person is violating or about to violate any provision of this title or any order or requirement of the director issued or promulgated pursuant to authority expressly granted by law, the director may issue a temporary cease and desist order pending a hearing pursuant to chapter 1-26. The order shall set the time and place for hearing not less than ten days nor more than twenty days from the date of the order. The director may also bring an action in the name of the state against such person to enjoin that person from continuing the violation or engaging therein, or doing any act in furtherance thereof. In such action an order or judgment may be entered awarding such temporary or permanent injunction as is proper. Source: SL 1966, ch 111, ch 32, §6; SL 1978, ch 155, §25; SL 1985, ch 385, §1.
SD Codified L § 58-4-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-9 - Hearings by director--Purpose.

58-4-9. Hearings by director--Purpose.The director may hold hearings for any purpose within the scope of this title deemed by him to be necessary. Source: SL 1966, ch 111, ch 2, §21 (1).
SD Codified L § 58-4-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-15 - Orders and notices of director required to be in writing--Signature.

58-4-15. Orders and notices of director required to be in writing--Signature.Orders and notices of the director shall not be effective unless in writing signed by him or by his authority. Source: SL 1966, ch 111, ch 2, §15 (1).
SD Codified L § 58-4-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-16 - Order of director--Effective date--Contents.

58-4-16. Order of director--Effective date--Contents.Every such order shall state its effective date and shall concisely state:(1)Its intent or purpose;(2)The grounds on which based; and(3)The provisions of this title pursuant to which action is so taken or proposed to be taken, but failure to so designate a particular provision shall not deprive the director of the right to rely thereon. Source: SL 1966, ch 111, ch 2, §15 (2).
SD Codified L § 58-4-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-17 - Service of orders and notices of director.

58-4-17. Service of orders and notices of director.An order or notice may be given by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to him at his principal place of business as last of record in the director's office. Source: SL 1966, ch 111, ch 2, §15 (3).
SD Codified L § 58-4-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-18 - Prosecution of action for enforcement of director's order.

58-4-18. Prosecution of action for enforcement of director's order.The director shall prosecute an action in any court of proper venue to enforce any order made by him pursuant to the provisions of this title. Source: SL 1966, ch 111, ch 2, §12 (2).
SD Codified L § 58-4-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-25 - Formal rules of pleading or evidence not observed at director's hearing.

58-4-25. Formal rules of pleading or evidence not observed at director's hearing.Formal rules of pleading or evidence need not be observed at any hearing. Source: SL 1966, ch 111, ch 2, §24 (3).
SD Codified L § 58-4-28.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-28.1 - Money penalty in lieu of license suspension or other action--Hearing.

58-4-28.1. Money penalty in lieu of license suspension or other action--Hearing.In any case in which the director has the power to deny an application or registration, or to revoke, refuse to renew, or suspend the license of any insurance producer, administrator, licensee, or entity required to be registered under this title, or the certificate of authority of any insurance company or health maintenance organization, the director may impose a specified money penalty to be paid within a specified time in lieu of a license suspension or other permitted action. No penalty may be imposed under this section prior to a hearing conducted pursuant to chapter 1-26 unless the applicant, licensee, or registrant agrees to the penalty in writing.The money penalty may not exceed five thousand dollars for an insurance producer or twenty-five thousand dollars for an insurer, administrator, health maintenance organization, licensee, or registrant for each offense. Source: SL 1971, ch 273; SL 1974, ch 308; SL 2000, ch 235, §1; SL 2001, ch 286, §66; SL 2014, ch 233, §1.
SD Codified L § 58-4-39 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-39 - Standards for determining hazardous financial condition.

58-4-39. Standards for determining hazardous financial condition.The director shall promulgate rules, pursuant to chapter 1-26, setting forth standards for determining the hazardous financial condition of an insurer under this title. Source: SL 1992, ch 339, §1.
SD Codified L § 58-4-40 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 04 - Enforcement Powers And Proceedings|Section 58-4-40 - Authority of director in determining insurer's financial condition.

58-4-40. Authority of director in determining insurer's financial condition.In making a determination of an insurer's financial condition, the director may:(1)Disregard any credit or amount receivable resulting from transactions with a reinsurer which is insolvent, impaired, or subject to a delinquency proceeding;(2)Make appropriate adjustments to asset values attributable to investments in or transactions with parents, subsidiaries, or affiliates;(3)Refuse to recognize the stated value of accounts receivable if the ability to collect receivables is highly speculative in view of the age of the account or the financial condition of the debtor;(4)Increase the insurer's liability in an amount equal to any contingent liability, pledge, or guarantee not otherwise included if there is a substantial risk that the insurer will be called upon to meet the obligation undertaken within the next twelve-month period; or(5)Consider the harm to policyholders, creditors, the public, and the company itself. Source: SL 1992, ch 339, §2.