Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.21 - Inspection and Audit Provisions

Current through June 25, 2024
(1) For the sole
				purpose of verifying that a transportation network company is in compliance
				with the requirements of this act and not more than annually, the commissioner
				shall have the right to visually inspect a sample of records that the
				transportation network company is required to maintain. The sample shall
				include required records pertaining to up to fifty (50) transportation network
				drivers, provided that the transportation network company shall undertake best
				efforts not to share records about the same transportation network company
				driver during consecutive reporting periods. If, after this initial review, the
				commissioner has a reasonable basis to conclude that the transportation network
				company is not in compliance with the requirements of this act, the
				commissioner may, upon reasonable notice, conduct a supplemental audit of
				records for an additional selection of transportation network company drivers.
				The audit shall take place at a mutually agreed location in Mississippi. The
				expenses of the examination shall be borne and paid by the transportation
				network company that is under examination.
(2) Documents, materials or other
				information, including, but not limited to, all working papers, and copies
				thereof, created, produced or obtained by or disclosed to the commissioner or
				any other person in the course of an examination made under this act shall be
				confidential by law and privileged, and shall not be subject to the Mississippi
				Public Records Act. The commissioner is authorized to use the documents,
				materials or other information in the furtherance of any regulatory or legal
				action brought as part of the commissioner's official duties.
(3) In order to assist in the performance of
				the commissioner's duties, the commissioner may share confidential and
				privileged documents, materials or other information, with other state, federal
				and international regulatory agencies, and with state, federal and
				international law enforcement authorities, provided that the recipient agrees
				to maintain the confidentiality and privileged status of the document,
				material, communication or other information. The commissioner may enter into
				agreements governing the sharing and use of information consistent with this
				subsection.
(4) No waiver of any
				applicable privilege or claim of confidentiality in the documents, materials or
				information shall occur as a result of disclosure to the commissioner under
				this section or as a result of sharing as authorized in subsection (3) of this
				section.
(5) In response to a
				specific complaint against any transportation network company driver or
				transportation network company, the commissioner is authorized to inspect
				records held by the transportation network company that are necessary to
				investigate and resolve the complaint.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.