Title 33, Chapter 35, Section 15
( 33-35-15)
(a) The Commissioner shall require every sponsor of a prepaid legal
services plan to retain at the address shown on its license the plan
related books, records, accounts, and vouchers for a term of three
years beginning immediately after the completion of the transaction
and shall require that they be kept in such manner that the
Commissioner or his authorized representatives may readily verify
its annual statements and determine whether the plan and the sponsor
are in compliance with the law. (b) The Commissioner or his designee shall at least every three
years visit each sponsor of a prepaid legal services plan and
examine into such of its affairs as relate to the business of
operating the plan. The Commissioner shall have free access to all
plan related books, records, accounts, and vouchers of the plan and
may summon and examine under oath officers, trustees, agents, and
employees of the plan and any other persons regarding the affairs
and condition of the plan; provided, however, that no written or
oral information need be supplied under this or any other subsection
of this chapter in violation of the attorney-client privilege as it
is construed by the courts of this state. (c) Every sponsor of a plan being examined and its officers,
employees, and representatives shall produce and make freely
accessible to the Commissioner the accounts, records, documents, and
files in its possession or control relating to the subject of the
examination. The officers, employees, and representatives shall
facilitate such examination and aid the examiners as far as it is in
their power in making the examination. (d)(1) The Commissioner shall make a full written report of each
examination made by him containing only facts ascertained from the
accounts, records, and documents examined and from the sworn
testimony of witnesses. (2) The report shall be certified by the Commissioner or by the
examiner in charge of the examination and when so certified, after
filing as provided in paragraph (3) of this subsection, shall be
admissible in evidence in any proceeding brought by the
Commissioner against the sponsor of the plan examined or any
officer or agent of such sponsor and shall be prima-facie evidence
of the facts stated in the report. (3) The Commissioner shall furnish a copy of the proposed report
to the sponsor of the plan examined not less than 20 days prior to
filing the report. If the plan so requests in writing within the
20 day period or such longer period as the Commissioner may grant,
the Commissioner shall grant a hearing with respect to the report
and shall not file the report until after the hearing and such
modifications have been made in the report as the Commissioner may
deem proper. (4) The Commissioner may withhold from public inspection the
report of any examination or investigation for so long as he deems
it to be in the public interest or necessary to protect the plan
examined from unwarranted injury. (5) After the report has been filed, the Commissioner may publish
the report or the results of the report in one or more newspapers
published in this state if he should deem it to be in the public
interest. (e) The sponsor of the plan so examined shall pay at the direction
of the Commissioner all the actual travel and living expenses of the
examination. When the examination is made by an examiner who is not
a regular employee of the department, the sponsor examined shall pay
the proper charges for the services of the examiner and his
assistants in an amount approved by the Commissioner. A
consolidated account for the examination shall be filed by the
examiner with the Commissioner. No sponsor or other entity shall
pay and no examiner shall accept any additional emolument on account
of any examination. When the examination is conducted in whole or in
part by regular salaried employees of the department, payment for
the services and proper expenses shall be made by the sponsor
examined to the Commissioner; and the payment shall be deposited
with the Office of Treasury and Fiscal Services. |