(1) The commissioner may require: (a) any of the following from a person subject to regulation under this chapter: (i) statements, reports, and responses to or other information gathered from questionnaires issued by the commissioner; (ii) evidence corroborating any statement, report, or response provided in accordance with Subsection (1)(a)(i), in a form that the commissioner designates and at reasonable intervals that the commissioner chooses; and (iii) a full explanation of the programming of any data storage or communication system that the person subject to regulation uses; and (b) that a person subject to regulation under this chapter make information from any book, record, electronic data processing system, computer, or any other information storage system the person subject to regulation uses available to the commissioner at a reasonable time and in a reasonable manner. (2) (a) The commissioner may provide forms for a statement, report, or response described in Subsection (1) and specify how to execute or certify the statement, report, or response. (b) The commissioner shall ensure that forms for a statement, report, or response required by Subsection (1) are consistent, to the extent practicable, with forms required by other jurisdictions. (3) The commissioner may provide reasonable minimum standards and techniques of accounting and data handling to ensure: (a) timely and reliable information exist; and (b) the commissioner's access to the information described in Subsection (3)(a). (4) The following shall reply promptly, in writing or in another reasonable manner, to a written inquiry from the commissioner in which the commissioner requests a reply: (a) an officer of an insurer; (b) a manager or general agent of an insurer subject to this chapter; (c) an individual controlling or having a contract under which the person has a right to control the insurer, whether exclusively or otherwise; or (d) an individual with executive authority over or in charge of any segment of the insurer's affairs. (5) The commissioner may require that any communication made to the commissioner under this section be verified. (6) A person making a communication to the commissioner, or to an expert or consultant retained by the commissioner, required by this chapter is not subject to damages for the communication in the absence of actual malice. (7) Notwithstanding Subsection (6), the commissioner may bring an action against any person that provides information required under this chapter that is not truthful or accurate.
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