WVC 33 - 25 - 10
§33-25-10. Examination of corporation; report of examination;
objections to report; access to books, records,
etc.; removal of records, etc., from state.
(a) The commissioner or his or her accredited examiners may at
any reasonable time and shall, at least once every five years,
visit each health care corporation and thoroughly examine its
financial condition and methods of doing business and ascertain
whether it has complied with all of the laws and rules of this
state. All expenses of each such examination conducted shall be
borne by such corporation. The commissioner shall make a full
written report of each such examination of the corporation,
certified to by the commissioner or the examiner in charge of such
examinations. The commissioner shall furnish a copy of the report
to the corporation examined not less than thirty days prior to
filing the same in his or her office. If such corporation so
requests in writing, within such thirty-day period, the
commissioner shall consider the objections of such corporation to
the report as proposed and shall not so file the report until after
such modifications, if any, have been made therein as the
commissioner deems proper. The report, when filed, shall be
admissible in evidence in any action or proceeding brought by the
commissioner against the corporation examined, or its officers or
agents, and shall be prima facie evidence of the facts stated
therein. The commissioner or his or her examiners may at any time
testify and offer other proper evidence as to information secured during the course of an examination, whether or not a written
report of the examination has at that time been either made, served
or filed in the commissioner's office.
(b) For such purposes the commissioner, his or her deputies
and employees shall have free access to all books, records, papers,
documents and correspondence of any such corporation and such
books, records, papers, documents and records shall be and remain
in the State of West Virginia. The licenses of said corporation
shall be automatically revoked if such books, records, papers,
documents and records are taken outside the State of West Virginia
without the prior written approval of the commissioner.
(c) The commissioner shall revoke the license of any such
corporation which refuses to submit to such examination.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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