{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1318.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1318.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1318.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1318.html"}],"law_id":63265,"edition_id":1,"section_id":63265,"structure_id":16073,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","history":"Code 1950, \u00a7\u00a7 38-69, 38-125; 1952, c. 317, \u00a7 38.1-175; 1986, c. 562; 1992, c. 588; 2006, c. 866.","full_text":"A\n\nWhenever the Commission examines the affairs of any person, as set forth in \u00a7 38.2-1317, it may appoint as examiners one or more competent persons.1\n\nTo the extent practicable, the examiners shall be regular employees of the Commission.2\n\nNo examiner may be appointed by the Commission if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this article; however, this section shall not be construed to automatically preclude an examiner from being:\n\t\t\t\ta. A policyholder or claimant under an insurance policy;\n\t\t\t\tb. A grantor of a mortgage or similar instrument on the examiner&#8217;s residence to a regulated entity if done under customary terms and in the ordinary course of business;\n\t\t\t\tc. An investment owner in shares of regulated diversified investment companies; or\n\t\t\t\td. A settlor or beneficiary of a &#8220;blind trust&#8221; into which any otherwise impermissible holdings have been placed.3\n\nNotwithstanding the requirements of this subsection, the Commission may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals or firms who are independently practicing their professions, even though said persons may from time to time be similarly employed or retained by persons subject to examination under this article.B\n\nThe examiners shall be instructed as to the scope of the examination, and, in conducting the examination, the examiner shall observe, to the extent practicable, those guidelines and procedures set forth in the Examiners&#8217; Handbook, or any successor publications, adopted by the NAIC and such other guidelines or procedures as the Commission may deem appropriate.C\n\nEvery company or person from whom information is sought, its officers, directors, and agents shall provide the examiners convenient access at all reasonable hours to its books, records, files, securities, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business and affairs of the company being examined or those of any person, including any affiliates or subsidiaries of the person examined, that are relevant to the examination.1\n\nThe officers, directors, employees and agents of the company or person shall facilitate the examination and aid in the examination so far as it is in their power to do so.2\n\nThe refusal of any company, 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 or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the Commission&#8217;s jurisdiction. Any such proceedings for suspension, revocation or refusal of any license or authority shall be conducted pursuant to &#xA7; 38.2-1040.D\n\nFor the purpose of any investigation or proceeding under this article, the Commission or any individual designated by it may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the Commission determines are relevant to the examination.E\n\nIn connection with any examination, the Commission may retain attorneys, appraisers, independent actuaries, independent certified public accountants, security analysts or other professionals and specialists as examiners; the cost of which shall be borne by the company which is the subject of the examination.F\n\nNothing contained in this article shall be construed to limit the Commission&#8217;s authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the provisions of this title.G\n\nNothing contained in this article shall be construed to limit the Commission&#8217;s authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Commission may deem appropriate.H\n\nWhenever the Commission examines the affairs of any person providing benefits pursuant to Title XIX or Title XXI of the Social Security Act, as amended, as set forth in &#xA7; 38.2-1317, nothing contained in this article shall be construed to limit the Commission&#8217;s authority to consult with the Department of Medical Assistance Services about such person before taking any action as a result of services the person provides pursuant to Title XIX or Title XXI of the Social Security Act, as amended.","order_by":null,"text":{"0":{"id":230578,"text":"Whenever the Commission examines the affairs of any person, as set forth in \u00a7 38.2-1317, it may appoint as examiners one or more competent persons.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":230579,"text":"To the extent practicable, the examiners shall be regular employees of the Commission.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":230580,"text":"No examiner may be appointed by the Commission if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this article; however, this section shall not be construed to automatically preclude an examiner from being:\n\t\t\t\ta. A policyholder or claimant under an insurance policy;\n\t\t\t\tb. A grantor of a mortgage or similar instrument on the examiner&#8217;s residence to a regulated entity if done under customary terms and in the ordinary course of business;\n\t\t\t\tc. An investment owner in shares of regulated diversified investment companies; or\n\t\t\t\td. A settlor or beneficiary of a &#8220;blind trust&#8221; into which any otherwise impermissible holdings have been placed.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":230581,"text":"Notwithstanding the requirements of this subsection, the Commission may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals or firms who are independently practicing their professions, even though said persons may from time to time be similarly employed or retained by persons subject to examination under this article.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":230582,"text":"The examiners shall be instructed as to the scope of the examination, and, in conducting the examination, the examiner shall observe, to the extent practicable, those guidelines and procedures set forth in the Examiners&#8217; Handbook, or any successor publications, adopted by the NAIC and such other guidelines or procedures as the Commission may deem appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":230583,"text":"Every company or person from whom information is sought, its officers, directors, and agents shall provide the examiners convenient access at all reasonable hours to its books, records, files, securities, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business and affairs of the company being examined or those of any person, including any affiliates or subsidiaries of the person examined, that are relevant to the examination.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"6":{"id":230584,"text":"The officers, directors, employees and agents of the company or person shall facilitate the examination and aid in the examination so far as it is in their power to do so.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":230585,"text":"The refusal of any company, 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 or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the Commission&#8217;s jurisdiction. Any such proceedings for suspension, revocation or refusal of any license or authority shall be conducted pursuant to &#xA7; 38.2-1040.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"8":{"id":230586,"text":"For the purpose of any investigation or proceeding under this article, the Commission or any individual designated by it may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the Commission determines are relevant to the examination.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"9":{"id":230587,"text":"In connection with any examination, the Commission may retain attorneys, appraisers, independent actuaries, independent certified public accountants, security analysts or other professionals and specialists as examiners; the cost of which shall be borne by the company which is the subject of the examination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":230588,"text":"Nothing contained in this article shall be construed to limit the Commission&#8217;s authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the provisions of this title.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":230589,"text":"Nothing contained in this article shall be construed to limit the Commission&#8217;s authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Commission may deem appropriate.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":230590,"text":"Whenever the Commission examines the affairs of any person providing benefits pursuant to Title XIX or Title XXI of the Social Security Act, as amended, as set forth in &#xA7; 38.2-1317, nothing contained in this article shall be construed to limit the Commission&#8217;s authority to consult with the Department of Medical Assistance Services about such person before taking any action as a result of services the person provides pursuant to Title XIX or Title XXI of the Social Security Act, as amended.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":16073,"edition_id":1,"name":"Examinations","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13289,"metadata":{},"date_created":"2026-06-26 04:05:04","date_modified":"2026-06-26 04:05:04","permalink":{"id":211555,"object_type":"structure","relational_id":16073,"identifier":"4","token":"38.2\/13\/4","url":"\/38.2\/13\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13289,"edition_id":1,"name":"Reports, Reserves and Examinations, Insurance Holding Companies, Reinsurance Intermediaries, and Managing General Agents","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":211347,"object_type":"structure","relational_id":13289,"identifier":"13","token":"38.2\/13","url":"\/38.2\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85909,"structure_id":16073,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","url":"\/38.2-1317\/","token":"38.2\/13\/4\/38.2-1317","metadata":false},{"id":63152,"structure_id":16073,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","url":"\/38.2-1317.1\/","token":"38.2\/13\/4\/38.2-1317.1","metadata":false},{"id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","metadata":false},{"id":63265,"structure_id":16073,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","url":"\/38.2-1318\/","token":"38.2\/13\/4\/38.2-1318","metadata":false},{"id":85621,"structure_id":16073,"section_number":"38.2-1319","catch_line":"Expense of examination","url":"\/38.2-1319\/","token":"38.2\/13\/4\/38.2-1319","metadata":false},{"id":67209,"structure_id":16073,"section_number":"38.2-1320","catch_line":"Examination reports; general description","url":"\/38.2-1320\/","token":"38.2\/13\/4\/38.2-1320","metadata":false},{"id":84198,"structure_id":16073,"section_number":"38.2-1320.1","catch_line":"Submission of examination report","url":"\/38.2-1320.1\/","token":"38.2\/13\/4\/38.2-1320.1","metadata":false},{"id":65907,"structure_id":16073,"section_number":"38.2-1320.2","catch_line":"Filing of report on examination","url":"\/38.2-1320.2\/","token":"38.2\/13\/4\/38.2-1320.2","metadata":false},{"id":65066,"structure_id":16073,"section_number":"38.2-1320.3","catch_line":"Examination reports; orders and procedures","url":"\/38.2-1320.3\/","token":"38.2\/13\/4\/38.2-1320.3","metadata":false},{"id":85364,"structure_id":16073,"section_number":"38.2-1320.4","catch_line":"Publication and use of examination reports","url":"\/38.2-1320.4\/","token":"38.2\/13\/4\/38.2-1320.4","metadata":false},{"id":84628,"structure_id":16073,"section_number":"38.2-1320.5","catch_line":"Confidentiality of ancillary information","url":"\/38.2-1320.5\/","token":"38.2\/13\/4\/38.2-1320.5","metadata":false},{"id":63659,"structure_id":16073,"section_number":"38.2-1321","catch_line":"Records of examination preserved","url":"\/38.2-1321\/","token":"38.2\/13\/4\/38.2-1321","metadata":false},{"id":66222,"structure_id":16073,"section_number":"38.2-1321.1","catch_line":"Immunity from liability","url":"\/38.2-1321.1\/","token":"38.2\/13\/4\/38.2-1321.1","metadata":false}],"previous_section":{"id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","metadata":false},"next_section":{"id":85621,"structure_id":16073,"section_number":"38.2-1319","catch_line":"Expense of examination","url":"\/38.2-1319\/","token":"38.2\/13\/4\/38.2-1319","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1318\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1986, chapter 562; in 1992, chapter 588; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0866\">866<\/a>.<\/p>","references":[{"id":63152,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","order_by":null,"url":"\/38.2-1317.1\/"},{"id":87455,"section_number":"38.2-1334.12","catch_line":"Disclosure requirement","order_by":null,"url":"\/38.2-1334.12\/"}],"refers_to":[{"id":85909,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","order_by":null,"url":"\/38.2-1317\/"}],"permalink":{"id":211569,"object_type":"law","relational_id":63265,"identifier":"38.2-1318","token":"38.2\/13\/4\/38.2-1318","url":"\/38.2-1318\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1318\/","token":"38.2\/13\/4\/38.2-1318","dublin_core":{"Title":"Examinations; how conducted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1318","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever the <span class=\"dictionary\">Commission<\/span> examines the affairs of any <span class=\"dictionary\">person<\/span>, as set forth in \u00a7&nbsp;<a class=\"law\" title=\"Examinations; when authorized or required\" href=\"\/38.2-1317\/\">38.2-1317<\/a>, it may appoint as examiners one or more competent <span class=\"dictionary\">persons<\/span>. <a id=\"paragraph-230578\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> To the extent practicable, the examiners shall be regular employees of the <span class=\"dictionary\">Commission<\/span>. <a id=\"paragraph-230579\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> No examiner may be appointed by the <span class=\"dictionary\">Commission<\/span> if such examiner, either directly or indirectly, has a <span class=\"dictionary\">conflict of interest<\/span> or is affiliated with the management of or owns a pecuniary interest in any <span class=\"dictionary\">person<\/span> subject to examination under this article; however, this section shall not be construed to automatically preclude an examiner from being:\n\t\t\t\ta. A policyholder or claimant under an <span class=\"dictionary\">insurance<\/span> policy;\n\t\t\t\tb. A grantor of a mortgage or similar instrument on the examiner&#8217;s residence to a regulated entity if done under customary terms and in the ordinary course of business;\n\t\t\t\tc. An investment owner in shares of regulated diversified investment companies; or\n\t\t\t\td. A settlor or beneficiary of a &#8220;blind trust&#8221; into which any otherwise impermissible holdings have been placed. <a id=\"paragraph-230580\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Notwithstanding the requirements of this subsection, the <span class=\"dictionary\">Commission<\/span> may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals or firms who are independently practicing their professions, even though said <span class=\"dictionary\">persons<\/span> may from time to time be similarly employed or retained by <span class=\"dictionary\">persons<\/span> subject to examination under this article. <a id=\"paragraph-230581\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The examiners shall be instructed as to the scope of the examination, and, in conducting the examination, the examiner shall observe, to the extent practicable, those guidelines and procedures set forth in the Examiners&#8217; Handbook, or any successor publications, adopted by the NAIC and such other guidelines or procedures as the <span class=\"dictionary\">Commission<\/span> may deem appropriate. <a id=\"paragraph-230582\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Every <span class=\"dictionary\">company<\/span> or <span class=\"dictionary\">person<\/span> from whom information is sought, its officers, directors, and agents shall provide the examiners convenient access at all reasonable hours to its books, records, files, securities, accounts, papers, documents, and any or all computer or other recordings relating to the property, <span class=\"dictionary\">assets<\/span>, business and affairs of the <span class=\"dictionary\">company<\/span> being examined or those of any <span class=\"dictionary\">person<\/span>, including any affiliates or subsidiaries of the <span class=\"dictionary\">person<\/span> examined, that are relevant to the examination. <a id=\"paragraph-230583\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The officers, directors, employees and agents of the <span class=\"dictionary\">company<\/span> or <span class=\"dictionary\">person<\/span> shall facilitate the examination and aid in the examination so far as it is in their power to do so. <a id=\"paragraph-230584\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The refusal of any <span class=\"dictionary\">company<\/span>, 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 or refusal of, or nonrenewal of, any license or authority held by the <span class=\"dictionary\">company<\/span> to engage in an <span class=\"dictionary\">insurance<\/span> or other business subject to the <span class=\"dictionary\">Commission<\/span>&#8217;s <span class=\"dictionary\">jurisdiction<\/span>. Any such proceedings for suspension, <span class=\"dictionary\">revocation<\/span> or refusal of any license or authority shall be conducted pursuant to &#xA7; <a class=\"law\" title=\"Refusal, suspension or revocation of license\" href=\"\/38.2-1040\/\">38.2-1040<\/a>. <a id=\"paragraph-230585\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For the purpose of any investigation or proceeding under this article, the <span class=\"dictionary\">Commission<\/span> or any individual designated by it may administer <span class=\"dictionary\">oaths<\/span> and affirmations, <span class=\"dictionary\">subpoena<\/span> witnesses, compel their attendance, take <span class=\"dictionary\">evidence<\/span> and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the <span class=\"dictionary\">Commission<\/span> determines are relevant to the examination. <a id=\"paragraph-230586\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> In connection with any examination, the <span class=\"dictionary\">Commission<\/span> may retain attorneys, appraisers, independent actuaries, independent certified public accountants, security analysts or other professionals and specialists as examiners; the cost of which shall be borne by the <span class=\"dictionary\">company<\/span> which is the subject of the examination. <a id=\"paragraph-230587\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Nothing contained in this article shall be construed to limit the <span class=\"dictionary\">Commission<\/span>&#8217;s authority to terminate or suspend any examination in <span class=\"dictionary\">order<\/span> to pursue other legal or regulatory action pursuant to the provisions of this title. <a id=\"paragraph-230588\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Nothing contained in this article shall be construed to limit the <span class=\"dictionary\">Commission<\/span>&#8217;s authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or <span class=\"dictionary\">company<\/span> workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the <span class=\"dictionary\">Commission<\/span> may deem appropriate. <a id=\"paragraph-230589\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Whenever the <span class=\"dictionary\">Commission<\/span> examines the affairs of any <span class=\"dictionary\">person<\/span> providing benefits pursuant to Title XIX or Title XXI of the Social Security Act, as amended, as set forth in &#xA7; <a class=\"law\" title=\"Examinations; when authorized or required\" href=\"\/38.2-1317\/\">38.2-1317<\/a>, nothing contained in this article shall be construed to limit the <span class=\"dictionary\">Commission<\/span>&#8217;s authority to consult with the Department of Medical Assistance Services about such <span class=\"dictionary\">person<\/span> before taking any action as a result of services the <span class=\"dictionary\">person<\/span> provides pursuant to Title XIX or Title XXI of the Social Security Act, as amended. <a id=\"paragraph-230590\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1318\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXAMINATIONS; HOW CONDUCTED (\u00a7 38.2-1318)\n\nA. Whenever the Commission examines the affairs of any person, as set forth in\n\u00a7 38.2-1317, it may appoint as examiners one or more competent persons.\n\n   1. To the extent practicable, the examiners shall be regular employees of the\n   Commission.\n\n   2. No examiner may be appointed by the Commission if such examiner, either\n   directly or indirectly, has a conflict of interest or is affiliated with the\n   management of or owns a pecuniary interest in any person subject to\n   examination under this article; however, this section shall not be construed\n   to automatically preclude an examiner from being:\n   \t\t\t\ta. A policyholder or claimant under an insurance policy;\n   \t\t\t\tb. A grantor of a mortgage or similar instrument on the examiner&#8217;s\n   residence to a regulated entity if done under customary terms and in the\n   ordinary course of business;\n   \t\t\t\tc. An investment owner in shares of regulated diversified investment\n   companies; or\n   \t\t\t\td. A settlor or beneficiary of a &#8220;blind trust&#8221; into which any\n   otherwise impermissible holdings have been placed.\n\n   3. Notwithstanding the requirements of this subsection, the Commission may\n   retain from time to time, on an individual basis, qualified actuaries,\n   certified public accountants, or other similar individuals or firms who are\n   independently practicing their professions, even though said persons may from\n   time to time be similarly employed or retained by persons subject to\n   examination under this article.\n\nB. The examiners shall be instructed as to the scope of the examination, and, in\nconducting the examination, the examiner shall observe, to the extent\npracticable, those guidelines and procedures set forth in the Examiners&#8217;\nHandbook, or any successor publications, adopted by the NAIC and such other\nguidelines or procedures as the Commission may deem appropriate.\n\nC. Every company or person from whom information is sought, its officers,\ndirectors, and agents shall provide the examiners convenient access at all\nreasonable hours to its books, records, files, securities, accounts, papers,\ndocuments, and any or all computer or other recordings relating to the property,\nassets, business and affairs of the company being examined or those of any\nperson, including any affiliates or subsidiaries of the person examined, that\nare relevant to the examination.\n\n   1. The officers, directors, employees and agents of the company or person\n   shall facilitate the examination and aid in the examination so far as it is in\n   their power to do so.\n\n   2. The refusal of any company, by its officers, directors, employees or\n   agents, to submit to examination or to comply with any reasonable written\n   request of the examiners shall be grounds for suspension or refusal of, or\n   nonrenewal of, any license or authority held by the company to engage in an\n   insurance or other business subject to the Commission&#8217;s jurisdiction.\n   Any such proceedings for suspension, revocation or refusal of any license or\n   authority shall be conducted pursuant to &#xA7; 38.2-1040.\n\nD. For the purpose of any investigation or proceeding under this article, the\nCommission or any individual designated by it may administer oaths and\naffirmations, subpoena witnesses, compel their attendance, take evidence and\nrequire the production of any books, papers, correspondence, memoranda,\nagreements or other documents or records which the Commission determines are\nrelevant to the examination.\n\nE. In connection with any examination, the Commission may retain attorneys,\nappraisers, independent actuaries, independent certified public accountants,\nsecurity analysts or other professionals and specialists as examiners; the cost\nof which shall be borne by the company which is the subject of the examination.\n\nF. Nothing contained in this article shall be construed to limit the\nCommission&#8217;s authority to terminate or suspend any examination in order to\npursue other legal or regulatory action pursuant to the provisions of this\ntitle.\n\nG. Nothing contained in this article shall be construed to limit the\nCommission&#8217;s authority to use and, if appropriate, to make public any\nfinal or preliminary examination report, any examiner or company workpapers or\nother documents, or any other information discovered or developed during the\ncourse of any examination in the furtherance of any legal or regulatory action\nwhich the Commission may deem appropriate.\n\nH. Whenever the Commission examines the affairs of any person providing benefits\npursuant to Title XIX or Title XXI of the Social Security Act, as amended, as\nset forth in &#xA7; 38.2-1317, nothing contained in this article shall be\nconstrued to limit the Commission&#8217;s authority to consult with the\nDepartment of Medical Assistance Services about such person before taking any\naction as a result of services the person provides pursuant to Title XIX or\nTitle XXI of the Social Security Act, as amended.\n\nHISTORY: Code 1950, \u00a7\u00a7 38-69, 38-125; 1952, c. 317, \u00a7 38.1-175; 1986, c. 562;\n1992, c. 588; 2006, c. 866.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}