reglab/housing_qa huggingface dataset:
18 DE Code § 305. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 305. Office; Insurance Commissioner Regulatory Revolving Fund.

§ 305. Office; Insurance Commissioner Regulatory Revolving Fund. (a) The Department may operate 3 offices, the principal office in the Dover area and branch offices in Wilmington and Sussex County. (b) There is hereby created within the office of the Insurance Commissioner a special fund to be designated as the Insurance Commissioner Regulatory Revolving Fund which shall be used in the operation of the office of the State Insurance Commissioner in the performance of the various functions and duties required of the office by law. (c) All supervisory assessments, examination fees and any rate filing or form filing fees paid by insurers and collected by the Commissioner pursuant to this title shall be deposited in the State Treasury to the credit of said Insurance Commissioner Regulatory Revolving Fund to be used in the operation of the office as authorized by the General Assembly in its annual operating budget. All other fees and/or taxes collected by the Commissioner shall not be deposited in said Fund but shall be deposited in the General Fund of the State. (d) Funds in the Insurance Commissioner Regulatory Revolving Fund shall be used by the Commissioner in the performance of the various functions and duties involved in the oversight of insurance companies as provided by law, subject to annual appropriations by the General Assembly for salaries and other operating expenses of the office. (e) The maximum unencumbered balance which shall remain in the Insurance Commissioner Regulatory Revolving Fund at the end of any fiscal year effective as of June 30, 2005; shall be $1,400,000; and any amount in excess thereof shall cause the Insurance Commissioner to reduce assessments or fees collected in the next fiscal year by an amount sufficient to reduce the Regulatory Revolving Fund fiscal year end balance back to or below $1,400,000. 18 Del. C. 1953, §  308;  56 Del. Laws, c. 380, §  1;  60 Del. Laws, c. 283, §  1;  65 Del. Laws, c. 4, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 74, §  99;  74 Del. Laws, c. 68, §  77;  75 Del. Laws, c. 89, §  116;  81 Del. Laws, c. 109, § 1;
18 DE Code § 306. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 306. Deputy Commissioner.

§ 306. Deputy Commissioner. (a) The Commissioner may appoint and may remove a Deputy. Before entering upon the duties of office the Deputy shall take and file the constitutional oath of office. (b) The Deputy may exercise such powers and discharge such duties as the Commissioner may authorize. (c) The Deputy shall devote full time to the Department, shall not engage in any other insurance-related activity for fee or compensation and the State shall pay a salary at the rate provided by law in full compensation for all services. 18 Del. C. 1953, §  309;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 307. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 307. Staff.

§ 307. Staff. (a) The Commissioner may appoint and fix the compensation of such examiners, clerks, technical and professional personnel, and other necessary assistants as conduct of the office may require and may revoke such appointments. (b) The Commissioner may from time to time contract for and procure such additional and independent actuarial, rating, legal and other technical and professional services as may be required for discharge of the duties of the office. 18 Del. C. 1953, §  310;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 308. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 308. Prohibited interest; rewards.

§ 308. Prohibited interest; rewards. (a) The Commissioner, the Commissioner's Deputy, or any examiner, assistant or employee of the Department, shall not be connected with the management of, nor have a material financial interest in, directly or indirectly, any insurer, insurance agency, or broker or insurance transaction, except as policy holder or claimant under a policy; except that as to 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, examiners, accountants, attorneys or other technicians, who are independently practicing their profession even though from time to time they are similarly employed or retained by insurers or others. (b) The Commissioner, the Commissioner's Deputy, or any examiner, assistant, employee or technician retained by the Department, shall not be given nor receive, directly or indirectly, any fee, compensation, loan, gift or other thing of value, in addition to the compensation and expense allowance provided by or pursuant to the law of this State, or by contract with the Commissioner, for any service rendered or to be rendered as such Commissioner, Deputy, examiner, assistant, employee, or technician, or in connection therewith. (c) Subsection (a) of this section shall not be deemed to prohibit receipt by any such person of fully vested commissions or fully vested retirement benefits to which entitled by reason of services performed prior to becoming Commissioner or prior to employment by the Commissioner. (d) This section shall not be deemed to prohibit appointment and functioning of the Commissioner as process agent of insurers or of nonresident licensees as provided for in this title. 18 Del. C. 1953, §  311;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 309. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 309. Delegation of powers; duties.

§ 309. Delegation of powers; duties. (a) The Commissioner may delegate to the Commissioner's Deputy, authorized representative, examiner or an employee of the Department the exercise or discharge in the Commissioner's name of any power, duty or function, whether ministerial, discretionary or of whatever character vested in or imposed upon the Commissioner under this title. (b) The official act of any such person acting in the Commissioner's name and by the Commissioner's authority shall be deemed an official act of the Commissioner. 18 Del. C. 1953, §  312;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 46, §  1;  80 Del. Laws, c. 376, § 1;
18 DE Code § 310. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 310. General powers; duties.

§ 310. General powers; duties. (a) The Commissioner shall enforce and execute the duties imposed by this title. (b) The Commissioner shall have the powers and authority expressly vested by or reasonably implied from this title. (c) With respect to enforcement of the payment of fees, charges and taxes, all the provisions of law conferring powers and duties upon the State Treasurer shall also apply to the Commissioner. (d) The Commissioner shall have such additional rights, powers and duties as may be provided by other laws of this State. 18 Del. C. 1953, §  313;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;
18 DE Code § 311. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 311. Rules and regulations; promulgation; violation.

§ 311. Rules and regulations; promulgation; violation. (a) The Commissioner may make reasonable rules and regulations necessary for, or as an aid to, the administration or effectuation of any provision of this title. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof. (b) The Commissioner shall adopt and promulgate rules and regulations in accordance with the procedures set forth in the state Administrative Procedures Act, Chapter 101 of Title 29. (c) Wilful violation of any such rule or regulation shall subject the violator to such suspension or revocation of certificate of authority or license, or to such administrative fine in lieu thereof, as may be applicable under this title, for violation of the provision to which such rule or regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that such rule or regulation, after such act or omission, may be amended or rescinded or determined by judicial or other authority to be invalid for any reason. 18 Del. C. 1953, §  314;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;
18 DE Code § 312. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 312. Orders, notices in general.

§ 312. Orders, notices in general. (a) Orders and notices of the Commissioner shall be effective only when in writing signed by the Commissioner or by the Commissioner's authority. (b) Except as otherwise expressly provided by law as to particular orders, every order of the Commissioner shall state its effective date and shall concisely state:  (1) Its intent or purpose; (2) The grounds on which based; (3) The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the Commissioner of the right to rely thereon except where expressly provided to the contrary. (c) Except as may be provided by particular law or regulation, any order, notice, bulletin or the like may be given to the person or persons affected thereby by any 1 or more of the following methods:  (1) First-class or bulk mail, postage prepaid, addressed to such person at the person's principal place of business or residence as last of record in the Department. Delivery of said item shall be deemed to have been given when deposited in a mail depository of the United States Postal Service; (2) By receipted ground or air commercial delivery service. Delivery of said item shall be deemed to have been given when a receipt therefor is obtained from said commercial delivery service; (3) By publication in the Register of Regulations; or (4) By publication on the Internet, including but not limited to the Department's webpage, the webpage of the National Association of Insurance Commissioners (NAIC), and the webpage of the National Insurance Producer Registry (NIPR).18 Del. C. 1953, §  315;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 312, §  72;
18 DE Code § 313. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 313. Enforcement through Attorney General.

§ 313. Enforcement through Attorney General. (a) The Commissioner, through the Attorney General of this State, may invoke the aid of the Superior Court, through proceedings instituted in any county of this State, to enforce any lawful order made or action taken by the Commissioner. In such proceedings the Superior Court may make such orders, either preliminary or final, as it deems proper under the facts established before it. (b) If the Commissioner has reason to believe that any person has violated this title or any other law applicable to insurance operations, for which criminal prosecution is provided, and, in the Commissioner's opinion, would be in order, the Commissioner shall give the information relative thereto to the Attorney General. The Attorney General shall promptly institute such action or proceedings against such person as in the Attorney General's opinion the information may require or justify. (c) The Attorney General upon request of the Commissioner is authorized to proceed in the courts of any other state or in any federal court or agency to enforce an order or decision of any court proceeding or in any administrative proceeding before the Commissioner. 18 Del. C. 1953, §  316;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 314. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 314. Records; inspection; destruction.

§ 314. Records; inspection; destruction. (a) The Commissioner shall carefully preserve in the Department and in permanent form all papers and records relating to the business of the Department and shall hand the same over to the successor in office. (b) Except where the Commissioner deems the same to be prejudicial to the public interest, the Commissioner shall permit inspection of the papers, records and filings in the Department by persons found to have an identified and proper interest therein. (c) The Commissioner may destroy unneeded or obsolete records and filings in the Department in accordance with provisions and procedures applicable to administrative agencies of this State in general. (d) Nothing in this title shall prohibit the storage of documents and records by use of electronic means or media. 18 Del. C. 1953, §  317;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 315. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 315. Official documents, certified copies; use as evidence.

§ 315. Official documents, certified copies; use as evidence. Any instrument duly executed by the Commissioner, and authenticated by the Commissioner's seal of office, shall be received in evidence in the courts of this State, and copies of papers and records in the Department so authenticated shall be received as evidence with the same effect as the originals. 18 Del. C. 1953, §  318;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 316. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 316. Interstate cooperation.

§ 316. Interstate cooperation. (a) The Commissioner shall communicate, on request of the insurance supervisory official of any state, province or country, any information which it is the Commissioner's duty by law to ascertain respecting authorized insurers. Any communication of documents, materials or other information, including confidential and privileged documents, materials or information, shall be in accordance with the provisions of this section, and any other applicable provisions of this title. (b) The Commissioner may be a member of the National Association of Insurance Commissioners, the International Association of Insurance Supervisors or any successor organization and may participate in and support other cooperative activities of public officials having supervision of the business of insurance. (c) The Commissioner may enter into agreements governing sharing, confidentiality, security and use of information consistent with this section and other applicable provisions of this title. The Commissioner shall maintain, as confidential, any confidential documents or information received from the National Association of Insurance Commissioners or the International Association of Insurance Supervisors, and such documents and information shall not be subject to subpoena and may not be made public by the Commissioner or any other person unless the prior written consent of the entity providing the documents or information and the company to which it pertains has been obtained. In addition, any documents or information received by the Commissioner from state or federal insurance, banking or securities regulators or similar regulators in a foreign country which are confidential in such jurisdictions shall be maintained as confidential by the Commissioner, shall not be subject to subpoena and may not be made public by the Commissioner or any other person unless the prior written consent of the entity providing the documents or information and the company to which it pertains has been obtained. The Commissioner may share any information, including confidential information, with the National Association of Insurance Commissioners, the International Association of Insurance Supervisors, or state or federal insurance, banking or securities regulators or similar regulators in a foreign country so long as the Commissioner determines that such entities agree to maintain the same level of confidentiality in their jurisdictions as is available in this State and are authorized to do so. 18 Del. C. 1953, §  320;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 208, §  1;
18 DE Code § 317. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 317. Investigations authorized.

§ 317. Investigations authorized. In addition to examinations and investigations expressly authorized, the Commissioner may conduct such investigations of insurance matters as the Commissioner may deem proper, upon reasonable cause, to determine whether any person has violated this title or to secure information useful in the lawful administration of any such provision. Except as otherwise provided in this title, the cost of such investigations shall be borne by the State. 18 Del. C. 1953, §  321;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 318. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 318. Examination of insurers.

§ 318. Examination of insurers. (a) The Commissioner or any of the Commissioner's examiners may conduct an examination under this section of any company as often as the Commissioner in the Commissioner's sole discretion deems appropriate, but shall, at a minimum, conduct an examination of every insurer licensed in this State but not less frequently than every 5 years. In scheduling and determining the nature, scope and frequency of the examinations, the Commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria as set forth in the Examiner's Handbook adopted by the National Association of Insurance Commissioners and in effect when the Commissioner exercises discretion under this section. Examination of an alien insurer shall be limited to its insurance transactions, assets, trust deposits and affairs in the United States except as otherwise required by the Commissioner. (b) The Commissioner shall examine, in like manner, each insurer applying for an initial certificate of authority to transact insurance in this State. (c) In lieu of making an examination, the Commissioner may accept, in the Commissioner's discretion, a full report of the most recent examination of a foreign or alien insurer, certified to by the insurance supervisory official of another state. (d) As far as practical, the examination of a foreign or alien insurer shall be made in cooperation with the insurance supervisory officials of other states in which the insurer transacts business. (e) In lieu of an examination under this section of any foreign or alien insurer licensed in this State, the Commissioner may accept an examination report on such company as prepared by the insurance department for the company's state of domicile or port-of-entry state, so long as:  (1) The insurance department, at the time of the examination, was accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program; or (2) The examination is performed under the supervision of an accredited insurance department, or with the participation of 1 or more examiners, who are employed by such an accredited state insurance department, and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department. (f) The Commissioner shall also conduct examinations as required by § 2301E of Title 19 [repealed]. 18 Del. C. 1953, §  322;  56 Del. Laws, c. 380, §  1;  68 Del. Laws, c. 51, §  1;  69 Del. Laws, c. 92, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 55, §  6;
18 DE Code § 319. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 319. Examination of agents, promoters and others.

§ 319. Examination of agents, promoters and others. For the purpose of ascertaining compliance with law or relationships and transactions between any such person and any insurer or proposed insurer, the Commissioner may examine, as often as the Commissioner deems advisable, the accounts, records, documents and transactions pertaining to or affecting insurance affairs or proposed insurance affairs of:  (1) Any insurance agent, solicitor, broker, general agent, adjuster, insurer representative or person holding oneself out as any of the foregoing; (2) Any person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer; (3) Any person holding the shares of voting stock or the policyholder proxies of a domestic insurer for the purpose of controlling the management thereof, as voting trustee or otherwise; (4) Any person in this State, who is engaged in, or proposing to be engaged in, holding oneself out as engaging, proposing or assisting in the promotion, formation or financing of an insurer, insurance holding corporation, corporation or other group, to finance an insurer or the production of its business.18 Del. C. 1953, §  323;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 320. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 3. The Insurance Commissioner|§ 320. Conduct of examination; access to records; correction.

§ 320. Conduct of examination; access to records; correction. (a) The Commissioner shall conduct each examination in an expeditious, fair, and impartial manner. Upon determining that an examination should be conducted, the Commissioner or the Commissioner's designee shall issue an examination warrant appointing 1 or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Examiner's Handbook adopted by the National Association of Insurance Commissioners. The Commissioner may also employ such other guidelines or procedures as the Commissioner may deem appropriate. (b) Upon any such examination the Commissioner or examiner may examine, under oath, any officer, agent or other individual believed to have material information regarding the affairs under examination. (c) Every person being examined, the person's officers, attorneys, employees, agents and representatives, shall make freely available to the Commissioner, or the Commissioner's examiners, the accounts, records, documents, files, information, assets and matters of such person, in the person's possession or control, relating to the subject of the examination and shall facilitate the examination. (d) If the Commissioner or examiner finds any accounts or records to be inadequate or inadequately kept or posted, the Commissioner may employ experts to reconstruct, rewrite, post or balance them at the expense of the person being examined if such person has failed to maintain, complete or correct such records or accounting, after the Commissioner or examiner has given the person written notice and a reasonable opportunity to do so. (e) Neither the Commissioner, nor any examiner, shall remove any record, account, document, file or other property of the person being examined from the offices or place of such person, except with the written consent of such person in advance of such removal or pursuant to an order of court duly obtained. This provision shall not be deemed to affect the making and removal of copies or abstracts of any such record, account, document or file. 18 Del. C. 1953, §  324;  56 Del. Laws, c. 380, §  1;  68 Del. Laws, c. 51, §  2;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;