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2012 SESSION
12104980DBe it enacted by the General Assembly of Virginia:
1. That § 52-38 of the Code of Virginia is amended and reenacted as follows:
§ 52-38. Access to evidence, documentation, and related materials.
A. If the Department seeks evidence, documentation, and
related materials, whether in written or electronic format, that are
located within this the Commonwealth or that may be
electronically accessed by an insurer or insurance professional conducting
business in the Commonwealth, and that are deemed by the Department as pertinent
to an investigation or examination and in the possession or control of an
insurer or an insurance professional, the Department may request access to
the material such evidence, documentation, or related materials. The
person so requested shall either make the material available provide
electronic or physical copies of such evidence, documentation, or related
materials to the Department, or shall make the material
such evidence, documentation, or related materials available for inspection
or examination by a designated representative of the Department.
B. The provider of evidence, documentation, and related materials under the provisions of subsection A may authenticate any electronic or physical copies of such evidence, documentation, and related materials, excluding the contents of any electronic communications, by providing an affidavit from the custodian of those electronic or physical copies or from a person to whom the custodian reports certifying that the copies are true and complete and that they are prepared in the regular course of business. Any copies authenticated in accordance with this subsection are admissible in evidence as a business record.