8.__Conflict of interest. The following provisions apply.

A.__An examiner may not be appointed by the superintendent if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This section may not be construed to automatically preclude an examiner from being:

(1) A viator;

(2) An insured in an insurance policy acquired pursuant to a settlement contract; or

(3) A beneficiary in an insurance policy that is proposed to be acquired pursuant to a settlement contract.

B.__Notwithstanding the requirements of this subsection, the superintendent may retain from time to time, on an individual basis, qualified actuaries, certified public accountants or similar individuals who are independently practicing their professions, even though these persons may from time to time be similarly employed or retained by persons subject to examination under this chapter.

9.__Investigative authority of superintendent. In addition to the authority granted pursuant to section 220, the superintendent may investigate persons engaged in the business of settlements and persons suspected of engaging in fraudulent viatical or life settlement acts.

§6808. Disclosure

A viatical With each application for a settlement, a settlement provider or independent viatical producer shall disclose in writing at least the following information disclosures to the viator prior to the date the viatical settlement contract is signed by the a viator:.__Disclosure to a viator must include distribution of a brochure, approved by the superintendent, describing the process of settlements. The