31A-16b-107. Third-party consultants.
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Effective 1/1/2020
31A-16b-107. Third-party consultants.
(1)The commissioner may retain a third-party consultant, including an attorney, actuary, accountant, or other expert not otherwise a part of the commissioner's staff:
(a)at the insurer's or insurance group's expense; and
(b)as is reasonably necessary to assist the commissioner in reviewing the insurer's or insurance group's:
(i)corporate governance annual disclosure and related information; or
(ii)compliance with this chapter.
(2)A person the commissioner retains under Subsection
(1):
(a)is under the direction and control of the commissioner; and
(b)shall act in a purely advisory capacity.
(3)As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer or insurance group, that the third-party consultant:
(a)is free of a conflict of interest; and
(b)has internal procedures in place to:
(i)monitor compliance with Subsection (3)(a) ; and
(ii)comply with the confidentiality standards and requirements of this chapter.
Enacted by Chapter 193 , 2019 General Session