Tennessee § 56-6-120 - Investigations.

§ 56-6-120. Investigations.

The commissioner may make investigations necessary for the proper administration of this part. For the purpose of making the investigations, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath; provided that: Any investigatory action be reasonable in scope and relevant to the administration of this part; In the course of an investigation conducted pursuant to this section, the commissioner shall be given access to all business records of a person licensed or required to be licensed under this part. The department shall endeavor to conduct its investigation in a manner that is least obtrusive to the ongoing business of the person; and All testimony, documents, other information in the control or possession of the commissioner that is obtained in an investigation pursuant to this section shall, except as provided in subdivision (a)(3)(B), be confidential and absolutely privileged and shall not be: Subject to § 10-7-503(a) or § 56-1-602; Subject to subpoena; Subject to discovery; or Admissible as evidence in any private civil action; The commissioner is authorized to use the testimony, documents, and other information in the control or possession of the department in the furtherance of any regulatory or legal action brought as a part of the commissioner's duties; Subject to subsection (b), a person being investigated pursuant to this section, or counsel for such person, may obtain from the commissioner a copy of each and any inquisitorial order and complaint filed against the person. Further, upon initiation of a formal proceeding against any person, the person shall be entitled to any and all discovery rights available under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or the Tennessee Rules of Civil Procedure. Upon issuance by the commissioner of an inquisitorial order or upon receipt by the department of a written complaint against a person, the department shall provide the person with a copy of the inquisitorial order or complaint within thirty (30) days of issuance of the order or receipt of the complaint. Before seeking a statement from a person being investigated, the department shall notify the person that any statement may be used in an investigation or become evidence in a hearing. Failure of the department to comply with subdivision (b)(1) shall render any statement provided to the department prior to its compliance with subdivision (b)(1) inadmissible in any administrative actions against such person. However, failure to comply with subdivision (b)(1) shall not prevent the department from proceeding with any actions arising from such order or complaint. Further, nothing in this section shall prevent the department from taking a statement from a person being investigated prior to giving the notice required by subdivision (b)(1) as long as it is taken within thirty (30) days of the receipt of the complaint or the entry of the inquisitorial order. Upon receiving notice under subdivision (b)(1), the person being investigated may obtain a copy of any written, formal or recorded statements made by such person. The department shall produce such information requested pursuant to this subsection (c) within thirty (30) days of the request. In the course of an investigation conducted pursuant to this section, the commissioner shall have the right to take under oath the testimony of any person involved in the business of insurance. Such person shall be given no less than fourteen (14) days' written notice of the commissioner's intent to take testimony and the place where the testimony will be taken. Upon good cause shown, and in the commissioner's sole discretion, the commissioner may provide additional time to the requester. If the commissioner requests a person to produce records, originals or copies, in conjunction with an investigation conducted pursuant to this section, and the person from whom the documents have been requested believes the request is overbroad and will not lead to the discovery of facts relevant to the commissioner's investigation, that person may seek review of the commissioner's request by application to an administrative judge, including seeking entry of a protective order. The cost of document production pursuant to this section shall be borne by the person from whom the documents are sought; provided, however, that all other costs of investigation shall be borne by the department. No later than thirty (30) days after completion of an investigation, or closure of a complaint file, the commissioner shall provide notice of such completion or closure to the person being investigated or against whom the complaint was filed. In the commissioner's annual report made pursuant to § 56-1-601, the department shall identify the total number of open investigations, the number of investigations opened in the year covered by the report, and the number of investigations closed in the year covered by the report. Any investigation initiated under this part shall be completed within two (2) years of receiving a complaint, or the entry of an inquisitorial order, whichever comes first. The filing of an action under subsection (e) shall toll this limitation until such time as there is a final order issued pursuant to the Uniform Administrative Procedures Act and there is no judicial order staying the effectiveness of the final order. All actions shall be commenced within five (5) years of the date that the commissioner knew or reasonably should have known of the cause of action. Nothing in this subsection (h) shall prevent the department from taking action based upon an order previously entered by another state or the federal government or a felony conviction, regardless of the date of such order or conviction. Any investigation initiated prior to July 1, 2011, shall be completed or closed, or a contested case action shall be filed as of July 1, 2013. Any notices required by the department pursuant to this section may be transmitted electronically. Acts 2002, ch. 798, § 21; 2011, ch. 90, § 2. Compiler's Notes. Former Part 1, §§ 56-6-101 — 56-6-163 , concerning licensing of agents and solicitors, was replaced by Acts 2002, ch. 798. Former §§ 56-6-101 — 56-6-129 (Acts 1975, ch. 68, §§ 2-18; 1978, ch. 519, § 1; 1978, ch. 520, §§ 1, 2; 1978, ch. 648, § 1; 1979, ch. 85, § 1; 1979, ch. 196, § 1; 1980, ch. 745, § 1; 1980, ch. 821, § 3; 1980, ch. 857, § 2; 1982, ch. 644, §§ 1-6, 8; 1984, ch. 537, §§ 1, 2; 1985, ch. 193, §§ 1-4; 1987, ch. 211, § 1; T.C.A., §§ 56-801 — 56-829) were repealed by Acts 1988, ch. 1019, § 32(a). Former §§ 56-6-130 — 56-6-159 and 56-6-161 — 56-6-163 (Acts 1988, ch. 1019, §§ 1-29, 31; 1989, ch. 355, § 1; 1989, ch. 481, § 1; 1994, ch. 589, § 1; 1997, ch. 442, § 1; 2000, ch. 651, § 1; 2001, ch. 333, §§ 3, 4) were repealed by Acts 2002, ch. 798, effective January 1, 2003. Section 56-6-160(d) and (e) were also deleted by Acts 2002, ch. 798, effective January 1, 2003; however, § 28 of that act provided that (a), (b), and (c) of that section, shall remain in effect until January 1, 2004, when the replacement of the existing continuing education requirement in new § 56-6-107(c) shall take effect. Acts 2011, ch. 90, § 6 provided that the act, which rewrote the section, shall not be retroactively applied. Cross-References. Confidentiality of public records, § 10-7-504 .