{"data":{"id":"us-ky/krs-304.2-230","jurisdiction":"us-ky","citation":"KRS 304.2-230","heading":"Conduct of examination -- Immunity for examiners or analysts -- Access","body":"to records -- Corrections -- Penalty.\n(1) Whenever the commissioner determines to examine the affairs of any person, he or\nshe shall designate one (1) or more examiners,  which may include analysts, and\ninstruct them as to the scope of the examination. The examiner or analyst shall,\nupon demand, exhibit his or her official credentials to the person under\nexamination. In conducting the examination, the examiner or analyst s hall observe\nthose guidelines and procedures set forth in the Examiners' Handbook adopted by\nthe National Association of Insurance Commissioners. The commissioner may also\nemploy other guidelines or procedures as the commissioner deems appropriate.\n(2) (a) 1. An examiner or analyst may not be appointed by the commissioner if the\nexaminer or analyst, either directly or indirectly, has a conflict of interest\nor is affiliated with the management of, or owns a pecuniary interest in,\nany person subject to examination.\n2. This subsection shall not be construed to automatically preclude an\nexaminer or analyst from being:\na. A policyholder or claimant under an insurance policy;\nb. A grantor of a mortgage or similar instrument on the examiner's or\nanalyst's residence to a regulated entity if done under customary\nterms and in the ordinary course of business;\nc. An investment owner in shares of regulated diversified investment\ncompanies; or\nd. A settler or beneficiary of a \"blind trust\" into which any otherwise\nimpermissible holdings have been placed.\n(b) Notwithstanding the requirements of paragraph (a) of this subsection, the\ncommissioner may retain from time to time, on an individual basis, qualified\nactuaries, certified public accountants, or other similar individua ls who are\nindependently practicing their professions even though these persons may\nfrom time to time be similarly employed or retained by persons subject to\nexamination.\n(3) (a) Except as provided in paragraph (b) of this subsection, any examiner or\nanalyst performing an examination of an insurer on behalf of, and as called by,\nthe commissioner, including any analyst engaged in review, verification, and\nanalysis of an insurer, shall have official immunity and shall be immune from\nsuit and liability, both p ersonally and in their official capacities, for any claim\nfor damage to, or loss of property, or personal injury, or other civil liability\ncaused by or resulting from any alleged act, error, or omission of the examiner\nor analyst, or any assistant or contr actor, arising out of, or by reason of, their\nduties or employment.\n(b) Nothing in this subsection shall be construed to hold the examiner or analyst,\nor any assistant or contractor, immune from suit and liability for any damage,\nloss, injury, or liability caused by the intentional or willful and wanton\nmisconduct of the examiner or analyst or any assistant or contractor.\n(4) The commissioner shall conduct the examination in an expeditious, fair, and\nimpartial manner.\n(5) Upon examination, the commissioner, or the examiner or analyst if specifically so\nauthorized in writing by the commissioner, shall have power to issue subpoenas,\nadminister oaths, and to examine under oath any individual as to any matter relevant\nto the affairs under examination or relevant to the examination.\n(6) Every person being examined, and its officers, attorneys, employees, agents, and\nrepresentatives, shall:\n(a) Make freely available to the commissioner, or his or her examiners or\nanalysts, the accounts, records, documents, files, information, assets, and\nmatters of the person in its possession or contr ol relating to the subject of the\nexamination; and\n(b) Facilitate the examination.\n(7) (a) Neither the commissioner nor any examiner or analyst shall remove any\nrecord, account, document, file, or other property of the person being\nexamined from the office s or place of that person except with the person's\nwritten consent in advance of the removal or pursuant to an order of court\nduly obtained.\n(b) This subsection shall not be deemed to affect the making and removal of\ncopies or abstracts of any record, account, document, or file.\n(8) Any individual who refuses without just cause to be examined under oath or who\nwillfully obstructs or interferes with the examiners or analysts in the exercise of\ntheir authority pursuant to this section is guilty of a violation of this code.\n(9) (a) The commissioner may terminate or suspend an examination in order to\npursue other legal or regulatory action pursuant to the insurance laws of this\nstate.\n(b) Findings of fact and conclusions made pursuant to an examination shall be\nprima facie evidence in any legal or regulatory action.\n(c) The commissioner may use, and if appropriate, may make public, any final or\npreliminary examination report, any examiner's or analyst's workpapers or\nother documents, or any other information discovered or developed during the\ncourse of the examination in the furtherance of any legal or regulatory action\nthat the commissioner may, in his or her sole discretion, deem appropriate.\n(d) Nothing in this subsection shall be binding upon the court in maki ng\ndeterminations about relevancy and admissibility in any civil action pertaining\nto any examination documents.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52897","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:37Z","sha256":"3c5bad21892498cc4697aed4bd1fe5ebf557ecae07938a8cc319786ccb72a203","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.2-220","next":"us-ky/krs-304.2-240"},"notice":"GroundRules: Original legal text. Not legal advice."}