31.16.03.07

.07 Review and Audit.

A. Review. The Commissioner and MAHT shall review the annual reports submitted by a title insurer or title insurance producer that maintains a separate MAHT account.

B. Audit.

(1) The Commissioner may audit a title insurer or title insurance producer for compliance with this chapter.

(2) The Commissioner may examine, and a title insurer or title insurance producer shall produce for examination, any record or document of a title insurer or title insurance producer, including:

(a) Books;

(b) Records;

(c) Financial statements;

(d) Banking statements; or

(e) Documents related to a real estate escrow, settlement, closing, or title indemnification.

(3) Each title insurer or title insurance producer shall permit the Commissioner to investigate, review, and copy records or documents of a financial institution pertaining to an account of a title insurer or title insurance producer.

C. Delegation.

(1) The Commissioner may delegate the authority to audit a title insurer or title insurance producer to MAHT for compliance with this chapter.

(2) If the Commissioner delegates its audit authority to MAHT, MAHT may audit the transactional files and related financial records of a title insurer or title insurance producer in connection with the sale or financing of real estate.

(3) If the Commissioner delegates its audit authority to MAHT, MAHT shall conduct the audit and report its findings to the Commissioner.

(4) The Commissioner may take appropriate action based upon the findings reported in the audit.

D. Cost. The expense incurred in connection with an audit performed under this chapter shall be paid by MAHT.