§ 8-319. Investigations by Commissioner

   (a) On complaint. --

   (1) A person aggrieved by the conduct of a person registered or required to be registered under this subtitle may file a written complaint with the Commissioner.

   (2) On receipt of a complaint, the Commissioner shall investigate the complaint.

(b) On initiative of Commissioner. -- The Commissioner may investigate any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle or a regulation adopted under it.

(c) Investigative powers. -- Without limitation of the powers granted to the Commissioner under Title 2 of this article, in connection with an investigation under this section, the Commissioner may:

   (1) examine the books and records of a person registered under this subtitle or any other person that the Commissioner believes has violated this subtitle or a regulation adopted under it;

   (2) subpoena documents and other evidence; and

   (3) summon and examine under oath a person whose testimony the Commissioner requires.

(d) Submission of books and records. -- For the purpose of conducting an investigation under this section, the Commissioner may not require an administrator to submit to the Commissioner, more than once in a 12-month period, any books or records of a plan administered by the administrator unless the Commissioner has reasonable cause to believe that a violation of this subtitle or a regulation adopted or order issued under it exists.

(e) Use of information. -- Subject to subsection (f) of this section, the Commissioner may make available information about a matter that may be subject to an investigation to:

   (1) the National Association of Insurance Commissioners;

   (2) a unit of state or federal government; and

   (3) a person that is the subject of the investigation.

(f) Confidentiality of trade secrets and commercial information. -- Unless disclosure is required by a court of competent jurisdiction in a legal proceeding, the Commissioner shall keep confidential and may not disclose a trade secret or commercial information contained in:

   (1) an administrator's books, records, or other documents; or

   (2) data provided by the administrator, including the identity and address of persons covered by a plan.

HISTORY: An. Code 1957, art. 48A, § 690; 1995, ch. 36.