S.D. Admin. R. 20:06:44:01

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:06:44:01 - Definitions

Terms used in this chapter mean:

(1) "Director," the director of the Division of Insurance, Department of Labor and Regulation;

(2) "Division," the Division of Insurance, Department of Labor and Regulation;

(3) "Department," the Department of Labor and Regulation;

(4) "Designee," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the state of South Dakota or of the United States, any county or municipal law enforcement agency having investigative jurisdiction, and any other person whose services are contracted for by the insurance fraud prevention unit;

(5) "Insurer," in addition to those persons defined under SDCL subdivision 58-1-2(12), any person or entity transacting insurance with a certificate of authority issued by the director. The term also means health maintenance organizations, legal service insurance corporations, prepaid limited health service organizations, dental and other similar health service plans, and, notwithstanding SDCL subdivision 58-1-3(1), fraternal benefit societies;

(6) "Criminal intelligence information," information associated with an identifiable individual, group, organization, or event, which information was compiled by a law enforcement agency in the course of conducting an investigation into a criminal conspiracy, projecting a potential criminal operation, or producing an estimate of future criminal activities; or in relation to the reliability of information derived from reports of informants or investigators or from any type of surveillance; and

(7) "Criminal investigative records," any document compiled or recorded pursuant to statutory authority that is associated with an individual, group, organization, or event, which record was compiled by a law enforcement agency in the course of conducting an investigation of a crime. This includes records or files about a crime derived from reports of officers, deputies, agents, informants, or investigators or from any type of surveillance.

S.D. Admin. R. 20:06:44:01

26 SDR 109, effective 3/5/2000; 42 SDR 52, effective 10/13/2015

General Authority: SDCL 58-4A-13.

Law Implemented: SDCL 58-4A-13.