CHAPTER 422

FORMERLY

HOUSE BILL NO. 593

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE DELAWARE FRAUD PREVENTION BUREAU OF THE OFFICE OF THE INSURANCE COMMISSIONER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2405 of Title 18, Delaware Code, by deleting subsection (a) thereof in its entirety and substituting the following:

"(a) The Commissioner or his/her designee, in addition to other provisions of this title, shall have the power- and authority to administer oaths, subpoena witnesses, and to compel the production of non-privileged evidence, in any form, that is relevant or will lead to the discovery of relevant information regarding fraud investigation. Any natural or other person, as well as any State or governmental entities may be subpoenaed and shall produce the required evidence or to make such evidence available for inspection by the Bureau in a timely manner. The Superior Court of the State of Delaware shall have exclusive jurisdiction regarding the enforcement or lawfulness of a subpoena on proper application by a party in interest."

Section 2. Amend §2405 of Title 18, Delaware Code, by adding thereto a new sub-section to read as follows:

"(c) Subpoenas may be served in any manner that is authorized for service of original process or subpoenas under the Superior Court Rules of Civil Procedure."

Approved June 30, 1996