The status, existence, or outcome of any ongoing or completed investigation or examination performed pursuant to this title may be disclosed by the director to any person who has filed a complaint or report to the director pertaining to the specific investigation or examination. The director may disclose the following information to any person identified by this section:

(1) Any remedial actions agreed to by a licensee being investigated or examined;

Terms Used In South Dakota Codified Laws 58-4-49

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Any remedial actions ordered by the director as a result of an examination or investigation; or

(3) Any other such information as the parties to the remedial action may agree to release in writing.

The director may also disclose the above information to any policyholder who contacts the director and who is directly affected by any action listed above. Confidential information shared with the director may not be disclosed. However, nothing in this section prevents the director from providing a copy of licensee responses or other materials submitted by a licensee to complaints or inquiries if the response or materials are not specifically marked confidential. Sections 58-4-49 to 58-4-54, inclusive, do not apply to investigations conducted pursuant to chapter 58-4A.

Source: SL 2012, ch 242, § 1; SL 2014, ch 234, § 1.