Section 374.192

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 28 Aug 2024   

  374.192.  Submission of records, time limitation, when — limitation on director review — internal standards. — 1.  Notwithstanding any provision of law to the contrary, a regulated entity shall have not less than thirty calendar days to submit any record or material requested by the department.  This subsection shall not apply to requests for records or materials by the division of consumer affairs or to requests for information on forms submitted under section 375.920.

  2.  Notwithstanding any provision of law to the contrary, any record or document, regardless of physical form or characteristic, maintained beyond the record retention period specified in section 374.205 shall not be subject to request or review by the director unless the director has substantial and competent evidence that the regulated entity has willfully engaged in an act or omission constituting a level four or five violation of the laws of this state relating to insurance, including this chapter, chapter 354, and chapters 375 to 385, or has been convicted of any felony related to the business of insurance, in which case the director may request or review records or documents maintained beyond the record retention period specified in section 374.205 that directly relate to the violation or conviction.

  3.  A regulated entity may establish its own internal standards, practices, methods, or procedures that are the same as or exceed the requirements set forth by law or rule.  The department shall not impose any civil penalty, forfeiture, or order on a regulated entity solely for failing to comply with its own internal standards, practices, methods, or procedures unless such failure also violates a law or rule.

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(L. 2024 S.B. 1359)