Maine Code § 24-A-226

Examination reports; distribution, hearing; as evidence
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1. Within 60 days after completion of the examination, the superintendent shall deliver a copy of
the verified examination report to the person examined, together with a notice affording that person 20
days or an additional reasonable period as the superintendent for good cause may allow, within which
to review the report and recommend changes to the report.
[PL 1999, c. 113, §15 (AMD).]
2. If requested by the person examined, within the period allowed under subsection 1, or if
determined advisable by the superintendent without such request, the superintendent shall hold a
hearing relative to the report and may not file the report in the bureau until after the hearing and the
superintendent's order on the report; except that the superintendent may furnish a copy of the report to
the Governor, Attorney General or Treasurer of State pending final decision and, if the copies are so
furnished, they are confidential until the other requirements of this section with regard to examination
reports have been satisfied. In lieu of convening a hearing, the superintendent may reopen the
examination or, if supported by the information obtained, may adopt some or all of the modifications
proposed by the person examined.
[PL 2011, c. 320, Pt. A, §4 (AMD).]
3. If no such hearing has been requested or held, the examination report, with such modifications,
if any, thereof as the superintendent deems proper, shall be accepted by the superintendent and filed in
the bureau upon expiration of the review period provided for in subsection 1. The report shall in any
event be so accepted and filed within 6 months after final hearing thereon.
[PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

4. The superintendent shall forward to the person examined a copy of the examination report as
filed, together with any recommendations or statements relating thereto that the superintendent
considers proper.
[RR 2021, c. 1, Pt. B, §167 (COR).]
5. If the report is as to examination of a domestic insurer, a copy of the report, or a summary
thereof approved by the superintendent, when filed in the bureau, together with the recommendations
or statements of the superintendent or the superintendent's examiner, must be presented by the insurer's
chief executive officer to the insurer's board of directors or similar governing body at a meeting thereof
that must be held within 30 days next following receipt of the report in final form by the insurer. A
copy of the report must also be furnished by the secretary of the insurer, if incorporated, or by the
attorney-in-fact, if a reciprocal insurer, to each member of the insurer's board of directors or board of
governors, if a reciprocal insurer, and the certificate of the secretary or attorney-in-fact that a copy of
the examination report has been so furnished must be deemed to constitute knowledge of the contents
of the report by each such member.
[RR 2021, c. 1, Pt. B, §168 (COR).]
6. The report when so filed in the bureau is admissible in evidence in any action or proceeding
brought by the superintendent against the person examined, or against its officers, employees or agents.
In any such action or proceeding, the superintendent or the superintendent's examiners may at any time
testify and offer proper evidence as to information secured or matters discovered during the course of
an examination, whether or not a written report of the examination has been either made, furnished or
filed in the bureau.
[RR 2021, c. 1, Pt. B, §169 (COR).]
7. The Maine Insurance Code does not prevent and may not be construed to prohibit the
superintendent from disclosing the content of an examination report, preliminary examination report or
the results, or any matter related to a report or results, to the Bureau of Insurance of this State or the
insurance department of any other state or country, or to law enforcement officials of this State, any
other state agency or the federal government at any time. Any such disclosure must be subject to a
protective order of confidentiality issued by the superintendent.
[PL 1991, c. 828, §11 (NEW).]

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