New Hampshire Revised Statutes 401-B:6 – Examination
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I. Power of Commissioner. Subject to the limitation contained in this section and in addition to the powers which the commissioner has under Title XXXVII relating to the examination of insurers, the commissioner shall have the power to examine any insurer registered under N.H. Rev. Stat. § 401-B:4 and its affiliates to ascertain the financial condition of the insurer including the enterprise risk to the insurer by the ultimate controlling party, or by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis.
II. Access to Books and Records.
(a) The commissioner may order any insurer registered under N.H. Rev. Stat. § 401-B:4 to produce such records, books, or other information papers in the possession of the insurer or its affiliates as are reasonably necessary to determine compliance with this chapter.
(b) To determine compliance with this chapter, the commissioner may order any insurer registered under N.H. Rev. Stat. § 401-B:4 to produce information not in the possession of the insurer if the insurer can obtain access to such information pursuant to contractual relationships, statutory obligations, or other method. In the event the insurer cannot obtain the information requested by the commissioner, the insurer shall provide the commissioner a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information. Whenever it appears to the commissioner that the detailed explanation is without merit, the commissioner may require, after notice and hearing, the insurer to pay a penalty of $2,500 for each day’s delay, or may suspend or revoke the insurer’s license.
III. Use of Consultants. The commissioner may retain, without appropriation under RSA 9, without qualifying as a department expenditure under N.H. Rev. Stat. § 4:15, and at the registered insurer’s expense such attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner’s staff as shall be reasonably necessary to assist in the conduct of the examination under paragraph I. Any persons so retained shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.
IV. Expenses. Each registered insurer producing for examination records, books and papers pursuant to paragraph I, shall be liable for, and shall pay the expense of examination in accordance with N.H. Rev. Stat. § 400-A:37.
V. Compelling Production. In the event the insurer fails to comply with an order, the commissioner shall have the power to examine the affiliates to obtain the information. The commissioner shall also have the power to issue subpoenas, to administer oaths, and to examine under oath any person for purposes of determining compliance with this section. Upon the failure or refusal of any person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. Every person shall be obliged to attend as a witness at the place specified in the subpoena, when subpoenaed, anywhere within the state. He or she shall be entitled to the same fees and mileage, if claimed, as a witness in N.H. Rev. Stat. § 516:13 and N.H. Rev. Stat. § 516:14, which fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance of witnesses, and their testimony, shall be itemized and charged against, and be paid by, the company being examined.
II. Access to Books and Records.
Terms Used In New Hampshire Revised Statutes 401-B:6
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The commissioner may order any insurer registered under N.H. Rev. Stat. § 401-B:4 to produce such records, books, or other information papers in the possession of the insurer or its affiliates as are reasonably necessary to determine compliance with this chapter.
(b) To determine compliance with this chapter, the commissioner may order any insurer registered under N.H. Rev. Stat. § 401-B:4 to produce information not in the possession of the insurer if the insurer can obtain access to such information pursuant to contractual relationships, statutory obligations, or other method. In the event the insurer cannot obtain the information requested by the commissioner, the insurer shall provide the commissioner a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information. Whenever it appears to the commissioner that the detailed explanation is without merit, the commissioner may require, after notice and hearing, the insurer to pay a penalty of $2,500 for each day’s delay, or may suspend or revoke the insurer’s license.
III. Use of Consultants. The commissioner may retain, without appropriation under RSA 9, without qualifying as a department expenditure under N.H. Rev. Stat. § 4:15, and at the registered insurer’s expense such attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner’s staff as shall be reasonably necessary to assist in the conduct of the examination under paragraph I. Any persons so retained shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.
IV. Expenses. Each registered insurer producing for examination records, books and papers pursuant to paragraph I, shall be liable for, and shall pay the expense of examination in accordance with N.H. Rev. Stat. § 400-A:37.
V. Compelling Production. In the event the insurer fails to comply with an order, the commissioner shall have the power to examine the affiliates to obtain the information. The commissioner shall also have the power to issue subpoenas, to administer oaths, and to examine under oath any person for purposes of determining compliance with this section. Upon the failure or refusal of any person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. Every person shall be obliged to attend as a witness at the place specified in the subpoena, when subpoenaed, anywhere within the state. He or she shall be entitled to the same fees and mileage, if claimed, as a witness in N.H. Rev. Stat. § 516:13 and N.H. Rev. Stat. § 516:14, which fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance of witnesses, and their testimony, shall be itemized and charged against, and be paid by, the company being examined.