Montana Code 33-1-1203. Powers and duties of commissioner — confidentiality of documents
33-1-1203. Powers and duties of commissioner — confidentiality of documents. (1) The commissioner may:
Terms Used In Montana Code 33-1-1203
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)initiate independent inquiries and conduct independent investigations when the commissioner has reason to believe that insurance fraud may be, has been, or is currently being committed;
(b)respond to notice or complaints generated by federal, state, county, and local law enforcement officers, other entities with law enforcement responsibilities, or governmental agencies or units;
(c)review and respond to notices or reports of insurance fraud submitted by any person, select the incidents of suspected fraud that in the commissioner’s judgment require further and more detailed investigation, and conduct the investigations;
(d)conduct independent examinations of insurance fraud to determine the extent of insurance fraud, deceit, or intentional misrepresentation;
(e)after investigation, report any meritorious alleged violation of the law to the appropriate prosecuting authority or licensing agencies; and
(f)assemble evidence, prepare charges, and prosecute, if requested, or otherwise assist any prosecuting authority that has jurisdiction, including the attorney general.
(2)Papers, records, documents, reports, materials, or other evidence relative to the subject of an insurance fraud investigation must remain confidential and must be treated as confidential criminal justice information as defined in 44-5-103. Evidence procured pursuant to this section may not be disseminated, except as provided in 44-5-303.
(3)The commissioner shall notify the person who or the entity that has given notice of an alleged insurance fraud pursuant to 33-1-1205(2) of receipt of the notice by the commissioner and of the disposition of the notice and any resulting investigation.