33-28-108. Examinations and investigations. (1) (a) At least once in 3 years, or more frequently if the commissioner considers it prudent, the commissioner or some competent person appointed by the commissioner shall visit each captive insurance company and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations, and whether it has complied with the provisions of this chapter.
     (b) The commissioner, upon application and in the commissioner's discretion, may enlarge the 3-year period to 5 years if the captive insurance company is:
     (i) subject to a comprehensive annual audit during the 5-year period of a scope satisfactory to the commissioner; and
     (ii) the audit is conducted by independent auditors approved by the commissioner.
     (c) The expenses and charges of the examination must be paid to the commissioner by the company or companies examined.
     (2) The provisions of Title 33, chapter 1, part 4, apply to examinations conducted under this section.
     (3) Except as provided in subsection (4), all examination reports, preliminary examination reports or results, working papers, recorded information, documents, and their copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this section are confidential, are not subject to subpoena, and may not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company or upon court order.
     (4) (a) Subsection (3) does not prevent the commissioner from using information obtained pursuant to this section in furtherance of the commissioner's regulatory authority under Title 33. The commissioner may, in the commissioner's discretion, grant access to information obtained pursuant to this section to public officers having jurisdiction over the regulation of insurance in any other state or country or to law enforcement officers of this state or any other state or agency of the federal government at any time, as long as the officers receiving the information agree in writing to hold it in a manner consistent with this section.
     (b) Captive risk retention group reports produced pursuant to the examination requirements of this section are public writings as defined in 2-6-101.
     (5) Except as provided in subsection (6), the provisions of this section apply to all business written by a captive insurance company.
     (6) The examination for a branch captive insurance company may only be of branch business and branch operations if the branch captive insurance company has satisfied the requirements of 33-28-107(2)(d) to the satisfaction of the commissioner.
     (7) As a condition of licensure of a branch captive insurance company, the foreign captive insurance company shall grant authority to the commissioner for examination of the affairs of the foreign captive insurance company in the jurisdiction in which the foreign captive insurance company is formed.

     History: En. Sec. 8, Ch. 298, L. 2001; amd. Sec. 13, Ch. 383, L. 2003; amd. Sec. 9, Ch. 518, L. 2007.