1. (1) The commissioner shall hold a hearing conducted under Section 31A-27-503 privately unless the insurer requests a public hearing.

2. (2) All records of the insurer, other documents, and all department files and papers, so far as they pertain to or are a part of the record of a hearing conducted under Section 31A-27-503, shall be kept confidential:

   1. (a) except as is necessary to obtain compliance with a hearing conducted under Section 31A-27-503; or
   2. (b) unless the insurer requests that the matter be made public.
3. (3) Any person having possession or custody of and refusing to deliver any of the records of an insurer against which an order is issued by the commissioner is in accordance with a hearing conducted under Section 31A-27-503 subject to Section 31A-2-308.

Renumbered and Amended by Chapter 309, 2007 General Session