Section 58-4A-5 - Criminal and civil prosecutions authorized--Unit attorney as assistant attorney general--Director and attorney general approval required for prosecution--Costs of prosecution. - South Dakota Statutes

58-4A-5. Criminal and civil prosecutions authorized--Unit attorney as assistant attorney general--Director and attorney general approval required for prosecution--Costs of prosecution. The insurance fraud prevention unit may prosecute fraudulent insurance acts through criminal or civil proceedings. The attorney general may appoint the insurance fraud prevention unit attorney as an assistant attorney general for purposes of prosecuting cases of fraudulent insurance acts. The unit attorney may have all the powers attributed to the insurance fraud prevention unit in § 58-4A-3. Prosecution may not proceed unless the director and the attorney general are consulted and give their written approval. The unit attorney, after consultation with and approval by the director and the attorney general, may refer or request assistance from other persons delineated in subdivision 58-4A-1(3) for the prosecution of fraudulent acts. All costs associated with the prosecution of fraudulent insurance acts, including those incurred by designees assisting or acting on behalf of the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund.

Source: SL 1999, ch 241, § 5.