{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/52-38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/52-38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/52-38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/52-38.html"}],"law_id":70703,"edition_id":1,"section_id":70703,"structure_id":14201,"section_number":"52-38","catch_line":"Access to evidence, documentation, and related materials","history":"1998, c. 590; 2012, c. 542.","full_text":"A\n\nIf the Department seeks evidence, documentation, and related materials from an insurer or insurance professional, whether in written or electronic format, that are located within the Commonwealth or that may be electronically accessed by an insurer or insurance professional conducting business in the Commonwealth, and that are deemed by the Department as pertinent to an investigation or examination, the Department may request access to such evidence, documentation, or related materials. The person so requested shall either provide electronic or physical copies of such evidence, documentation, or related materials to the Department or shall make such evidence, documentation, or related materials available for inspection or examination by a designated representative of the Department.B\n\nThe provider of evidence, documentation, and related materials under the provisions of subsection A may authenticate any electronic or physical copies of such evidence, documentation, and related materials, excluding the contents of any electronic communications, by providing an affidavit from the custodian of those electronic or physical copies or from a person to whom the custodian reports certifying that the copies are true and complete and that they are prepared in the regular course of business. Any copies authenticated in accordance with this subsection are admissible in evidence as a business record.","order_by":null,"text":{"0":{"id":255067,"text":"If the Department seeks evidence, documentation, and related materials from an insurer or insurance professional, whether in written or electronic format, that are located within the Commonwealth or that may be electronically accessed by an insurer or insurance professional conducting business in the Commonwealth, and that are deemed by the Department as pertinent to an investigation or examination, the Department may request access to such evidence, documentation, or related materials. The person so requested shall either provide electronic or physical copies of such evidence, documentation, or related materials to the Department or shall make such evidence, documentation, or related materials available for inspection or examination by a designated representative of the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255068,"text":"The provider of evidence, documentation, and related materials under the provisions of subsection A may authenticate any electronic or physical copies of such evidence, documentation, and related materials, excluding the contents of any electronic communications, by providing an affidavit from the custodian of those electronic or physical copies or from a person to whom the custodian reports certifying that the copies are true and complete and that they are prepared in the regular course of business. Any copies authenticated in accordance with this subsection are admissible in evidence as a business record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14201,"edition_id":1,"name":"Insurance Fraud","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12841,"metadata":{},"date_created":"2026-06-26 03:47:15","date_modified":"2026-06-26 03:47:15","permalink":{"id":237553,"object_type":"structure","relational_id":14201,"identifier":"9","token":"52\/9","url":"\/52\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12841,"edition_id":1,"name":"Police (State)","identifier":"52","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":237127,"object_type":"structure","relational_id":12841,"identifier":"52","token":"52","url":"\/52\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64445,"structure_id":14201,"section_number":"52-36","catch_line":"Definitions","url":"\/52-36\/","token":"52\/9\/52-36","metadata":false},{"id":79687,"structure_id":14201,"section_number":"52-37","catch_line":"Insurance Fraud Investigation Unit established; powers and duties of Department of State Police","url":"\/52-37\/","token":"52\/9\/52-37","metadata":false},{"id":70703,"structure_id":14201,"section_number":"52-38","catch_line":"Access to evidence, documentation, and related materials","url":"\/52-38\/","token":"52\/9\/52-38","metadata":false},{"id":70058,"structure_id":14201,"section_number":"52-39","catch_line":"Confidentiality and immunity from service of process","url":"\/52-39\/","token":"52\/9\/52-39","metadata":false},{"id":82032,"structure_id":14201,"section_number":"52-40","catch_line":"Duties of insurers, their employees and insurance professionals","url":"\/52-40\/","token":"52\/9\/52-40","metadata":false},{"id":86136,"structure_id":14201,"section_number":"52-41","catch_line":"Receipt of information; immunity from liability","url":"\/52-41\/","token":"52\/9\/52-41","metadata":false},{"id":60416,"structure_id":14201,"section_number":"52-42","catch_line":"Reward fund","url":"\/52-42\/","token":"52\/9\/52-42","metadata":false},{"id":78243,"structure_id":14201,"section_number":"52-43","catch_line":"Reports","url":"\/52-43\/","token":"52\/9\/52-43","metadata":false},{"id":55388,"structure_id":14201,"section_number":"52-44","catch_line":"Other law-enforcement authority","url":"\/52-44\/","token":"52\/9\/52-44","metadata":false}],"previous_section":{"id":79687,"structure_id":14201,"section_number":"52-37","catch_line":"Insurance Fraud Investigation Unit established; powers and duties of Department of State Police","url":"\/52-37\/","token":"52\/9\/52-37","metadata":false},"next_section":{"id":70058,"structure_id":14201,"section_number":"52-39","catch_line":"Confidentiality and immunity from service of process","url":"\/52-39\/","token":"52\/9\/52-39","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/52-38\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 590<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 542<\/a>.<\/p>","references":[{"id":86136,"section_number":"52-41","catch_line":"Receipt of information; immunity from liability","order_by":null,"url":"\/52-41\/"}],"refers_to":false,"permalink":{"id":237563,"object_type":"law","relational_id":70703,"identifier":"52-38","token":"52\/9\/52-38","url":"\/52-38\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/52-38\/","token":"52\/9\/52-38","dublin_core":{"Title":"Access to evidence, documentation, and related materials","Type":"Text","Format":"text\/html","Identifier":"\u00a7 52-38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Department seeks evidence<\/span>, documentation, and related materials<\/span> from an insurer<\/span> or insurance professional<\/span>, whether in written or electronic format, that are located within the Commonwealth or that may be electronically accessed by an insurer<\/span> or insurance professional<\/span> conducting business in the Commonwealth, and that are deemed by the Department as pertinent to an investigation or examination, the Department may request access to such evidence<\/span>, documentation, or related materials<\/span>. The person so requested shall either provide electronic or physical copies of such evidence<\/span>, documentation, or related materials<\/span> to the Department or shall make such evidence<\/span>, documentation, or related materials<\/span> available for inspection or examination by a designated representative of the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provider of evidence<\/span>, documentation, and related materials<\/span> under the provisions of subsection A may authenticate any electronic or physical copies of such evidence<\/span>, documentation, and related materials<\/span>, excluding the contents of any electronic communications, by providing an affidavit<\/span> from the custodian of those electronic or physical copies or from a person to whom the custodian reports certifying that the copies are true and complete and that they are prepared in the regular course of business. Any copies authenticated in accordance with this subsection are admissible<\/span> in evidence<\/span> as a business record. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO EVIDENCE, DOCUMENTATION, AND RELATED MATERIALS (\u00a7 52-38)\n\nA. If the Department seeks evidence, documentation, and related materials from\nan insurer or insurance professional, whether in written or electronic format,\nthat are located within the Commonwealth or that may be electronically accessed\nby an insurer or insurance professional conducting business in the Commonwealth,\nand that are deemed by the Department as pertinent to an investigation or\nexamination, the Department may request access to such evidence, documentation,\nor related materials. The person so requested shall either provide electronic or\nphysical copies of such evidence, documentation, or related materials to the\nDepartment or shall make such evidence, documentation, or related materials\navailable for inspection or examination by a designated representative of the\nDepartment.\n\nB. The provider of evidence, documentation, and related materials under the\nprovisions of subsection A may authenticate any electronic or physical copies of\nsuch evidence, documentation, and related materials, excluding the contents of\nany electronic communications, by providing an affidavit from the custodian of\nthose electronic or physical copies or from a person to whom the custodian\nreports certifying that the copies are true and complete and that they are\nprepared in the regular course of business. Any copies authenticated in\naccordance with this subsection are admissible in evidence as a business record.\n\nHISTORY: 1998, c. 590; 2012, c. 542.","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}}