§ 48-31-105

RCW 48.31.105Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.(1) An officer, manager, director, trustee, owner, employee, or agent of an insurer or other person with authority over or in charge of a segment of the insurer's affairs shall cooperate with the commissioner in a proceeding under this chapter or an investigation preliminary to the proceeding. The term 'person' as used in this section includes a person who exercises control directly or indirectly over activities of the insurer through a holding company or other affiliate of the insurer. 'To cooperate' as used in this section includes the following:(a) To reply promptly in writing to an inquiry from the commissioner requesting such a reply; and(b) To make available to the commissioner books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his or her possession, custody, or control.(2) A person may not obstruct or interfere with the commissioner in the conduct of a delinquency proceeding or an investigation preliminary or incidental thereto.(3) This section does not abridge existing legal rights, including the right to resist a

commissioner in the conduct of a delinquency proceeding or an investigation preliminary or incidental thereto.(3) This section does not abridge existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.(4) A person included within subsection (1) of this section who fails to cooperate with the commissioner, or a person who obstructs or interferes with the commissioner in the conduct of a delinquency proceeding or an investigation preliminary or incidental thereto, or who violates an order the commissioner issued validly under this chapter may:(a) Be guilty of a gross misdemeanor and sentenced to pay a fine not exceeding ten thousand dollars or to undergo imprisonment for a term of not more than three hundred sixty-four days, or both; or(b) After a hearing, be subject to the imposition by the commissioner of a civil penalty not to exceed ten thousand dollars and be subject further to the revocation or suspension of insurance licenses issued by the commissioner.[ 2011 c 96 s 38; 2003 c 53 s 272; 1993 c 462 s 58.]NOTES:Findings—Intent—2011 c 96: See note following RCW 9A.20.021.Intent—Effective date—2003 c 53:

of insurance licenses issued by the commissioner.[ 2011 c 96 s 38; 2003 c 53 s 272; 1993 c 462 s 58.]NOTES:Findings—Intent—2011 c 96: See note following RCW 9A.20.021.Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.