Sec. 31.04.20.05. Information

A. The Commissioner may request accounts, records, documents, files, or other information needed to complete a market conduct action.

B. The Commissioner may include a reference to the applicable law pertaining to the request.

C. The Commissioner may request information through:

(1) A survey;

(2) An interrogatory;

(3) An interview; or

(4) Any other procedure identified by the Commissioner.

D. Whenever a person receives a request from the Commissioner for information, the person shall provide the requested information:

(1) Within the time specified by the Commissioner, unless an extension has been granted by the Commissioner in accordance with §§G and H of this regulation; and

(2) In the manner specified by the Commissioner.

E. When the person submits the information to the Commissioner, the person shall provide written certification, signed by an individual with authority to bind the person providing the response, that the:

(1) Information is, to the best of that individual's knowledge, information, and belief, a full, complete, and truthful response to the Commissioner's request; and

(2) Individual making the certification has undertaken an adequate inquiry to make the required certification.

F. If the person fails to provide the certification required under §E of this regulation, the absence of this certification:

(1) Does not relieve the person responding to a request of the Commissioner of the duty to provide a full, complete, and truthful response to the Commissioner's request; and

(2) Shall constitute an explicit representation by the person that the response is full, complete, and truthful.

G. A person may submit a written request, stating the reason for the request, to the Commissioner to extend the time for the submission of information:

(1) For a market conduct analysis or market conduct investigation, after receipt of the request specified in §D of this regulation; or

(2) For a market conduct examination, after receipt of the notice specified in Regulation .06G of this chapter.

H. If the Commissioner receives the request pursuant to §G of this regulation, the Commissioner shall:

(1) Grant an extension; or

(2) Notify the person that the request to extend the time is denied.