Pennsylvania § 4521 - Power to examine licensees.

§ 4521. Power to examine licensees.

(a) Insurers.--The commissioner shall have the powers provided under Article IX of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, to examine and investigate an insurer to determine whether the insurer has been or is engaged in conduct in violation of section 4512 (relating to risk assessment), 4513 (relating to information security program), 4514 (relating to corporate oversight), 4515 (relating to oversight of third-party service provider arrangements) or 4516 (relating to certification).

(b) Licensees other than insurers.--

(1) The commissioner shall have the power to examine and investigate a licensee not subject to Article IX of The Insurance Department Act of 1921 to determine whether the licensee has engaged in conduct in violation of this chapter.

(2) Each licensee subject to examination in accordance with paragraph (1) shall keep all books, records, accounts, papers, documents and any computer or other recordings relating to compliance with this chapter in the manner and time periods as the department, in its discretion, may require in order that the department's authorized representatives may verify and ascertain whether the company or person has complied with the requirements of this chapter.

(3) Each licensee subject to examination in accordance with paragraph (1) from whom information is sought and the officers, directors, employees and agents of the licensee shall provide to the examiners timely, convenient and free access at all reasonable hours at the licensee's offices to all books, records, accounts, papers, documents and any computer or other recordings relating to the property, assets, business and affairs of the licensee being examined. The following apply:

(i) The officers, directors, employees and agents of the licensee shall facilitate the examination and aid in the examination insofar as it is in their power to do so.

(ii) The refusal of a licensee by its officers, directors, employees or agents to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension, revocation, refusal or nonrenewal of any license or authority held by the licensee to engage in an insurance or other business subject to the department's jurisdiction.

(iii) A proceeding for suspension, revocation, refusal or nonrenewal of any license or authority shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(c) Authorized actions by commissioner.--Notwithstanding and in addition to the powers specified under this section, whenever the commissioner has reason to believe that a licensee has been or is engaged in conduct in this Commonwealth that violates this chapter, the commissioner may take an action that is necessary or appropriate to enforce the provisions of this chapter.