Legislation
SECTION 311
Filing of report on examination
Insurance (ISC) CHAPTER 28, ARTICLE 3
§ 311. Filing of report on examination. (a) Except as hereinafter
provided the superintendent may withhold from public inspection for such
time as he deems proper any report on examination made pursuant to
section three hundred ten of this article.
(b) (1) Before adopting any such report and filing it for public
inspection, the superintendent shall notify the insurer or other person
examined of its contents and shall afford such insurer or other person a
reasonable opportunity to obtain further details and to demand a hearing
with reference to facts, conclusions or recommendations therein
contained.
(2) If a hearing is requested within ten days after the giving of such
notice, the superintendent shall give notice and a hearing in accordance
with the provisions of this article. Such hearing shall be held before
the superintendent or a deputy superintendent.
(c) The report on examination, with modifications thereof, if any,
shall be accepted by the superintendent and filed for public inspection
within six months after final hearing thereon and if he deems it in the
public interest to do so, he may publish any such report or any excerpt
therefrom or summary thereof, in one or more newspapers in the state.
(d) In any action or proceeding in the name of the people against the
insurer or other person examined, or any officer or agent thereof, such
report, if adopted by the superintendent and filed for public
inspection, shall be admissible in evidence and shall be presumptive
evidence of the facts stated therein.
(e) Nothing herein contained shall preclude the superintendent from
instituting any proceeding under article seventy-four of this chapter at
any time or from using as proof in such proceeding any report on
examination or part thereof, whether or not such report has been adopted
and filed.
provided the superintendent may withhold from public inspection for such
time as he deems proper any report on examination made pursuant to
section three hundred ten of this article.
(b) (1) Before adopting any such report and filing it for public
inspection, the superintendent shall notify the insurer or other person
examined of its contents and shall afford such insurer or other person a
reasonable opportunity to obtain further details and to demand a hearing
with reference to facts, conclusions or recommendations therein
contained.
(2) If a hearing is requested within ten days after the giving of such
notice, the superintendent shall give notice and a hearing in accordance
with the provisions of this article. Such hearing shall be held before
the superintendent or a deputy superintendent.
(c) The report on examination, with modifications thereof, if any,
shall be accepted by the superintendent and filed for public inspection
within six months after final hearing thereon and if he deems it in the
public interest to do so, he may publish any such report or any excerpt
therefrom or summary thereof, in one or more newspapers in the state.
(d) In any action or proceeding in the name of the people against the
insurer or other person examined, or any officer or agent thereof, such
report, if adopted by the superintendent and filed for public
inspection, shall be admissible in evidence and shall be presumptive
evidence of the facts stated therein.
(e) Nothing herein contained shall preclude the superintendent from
instituting any proceeding under article seventy-four of this chapter at
any time or from using as proof in such proceeding any report on
examination or part thereof, whether or not such report has been adopted
and filed.