[§431:2D-108]  Market conduct surveillance personnel.  (a)  Market conduct surveillance personnel shall be qualified by education, experience, and, where applicable, professional designations.  The commissioner may supplement the in-house market conduct surveillance staff with qualified outside professional assistance if the commissioner determines that assistance is necessary.

     (b)  Market conduct surveillance personnel have a conflict of interest, either directly or indirectly, if they are affiliated with the management, have been employed by, or own a pecuniary interest in the insurer subject to any examination under this article within the most recent five years prior to the use of the personnel.  This section shall not be construed to automatically preclude an individual from being:

     (1)  A policyholder or claimant under an insurance policy;

     (2)  A grantee of a mortgage or similar instrument on the individual's residence from a regulated entity if done under customary terms and in the ordinary course of business;

     (3)  An investment owner in shares of regulated diversified investment companies; or

     (4)  A settlor or beneficiary of a "blind trust" into which any otherwise permissible holdings have been placed. [L 2007, c 227, pt of §1]