NC Register Volume 16 Issue 15 - Office of Administrative Hearings

PROPOSED RULESThis Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice ofRule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for arule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2.TITLE 11 – DEPARTMENT OF INSURANCENotice is hereby given in accordance with G.S. 150B-21.2 thatthe NC Department of Insurance intends to adopt the rules citedas 11 NCAC 10 .1113-.1114, .1209, amend the rule cited as 11NCAC 10 .1206, and repeal the rule cited as 11 NCAC 10 .1203.Notice of Rule-making Proceedings was published in theRegister on December 3, 2001.Proposed Effective Date: July 1, 2002(www.ncdoi.com), by writing the N.C. Department of Insurance,Property & Casualty Division, 430 N. Salisbury St., P.O. Box26387, Raleigh, NC 27611, or by calling the Division at (919)733-3368.Authority G.S. 58-2-40; 58-40-30; 58-41-50.SECTION .1200 – FORMS FILINGS11 NCAC 10 .1203 LETTER OF TRANSMITTALPublic Hearing:Date: February 22, 2002Time: 10:00 a.m.Location: 3 rd Floor Hearing Room, Dobbs Building, Raleigh,NCReason for Proposed Action: These are needed in order to beNAIC compliant.Comment Procedures: Written comments may be sent toCharles Swindell, NC Department of Insurance, Property &Casualty Division, PO Box 26387, Raleigh, NC 27611. Writtenstatements will be received through March 4, 2002.Fiscal ImpactStateLocalSubstantive (>$5,000,000)NoneCHAPTER 10 – PROPERTY AND CASUALTY DIVISIONSECTION .1100 – RATE FILINGS11 NCAC 10 .1113 REFERENCE FILINGSWith the exception of flood insurance written in accordance withFederal Emergency Management Agency requirements, or withthe requirements of any successor agency, rate filings, includingloss costs multipliers, by reference are not permitted. Adoptionof rates and loss costs that have been promulgated by a licensedbureau, licensed rating organization, licensed advisoryorganization, licensed joint underwriting association, or licensedreinsurance organization, of which the insurer is a member,subscriber, or service purchaser, are not deemed to be referencefilings.Authority: G.S. 58-2-40; 58-36-15; 58-36-65; 58-36-70;58-36-100; 58-40-30; 58-41-50.11 NCAC 10 .1114 TRANSMITTAL HEADERAll rate filings shall be accompanied by a transmittal header,which is available at the Department's Internet web site16:15 NORTH CAROLINA REGISTER February 1, 20021651Authority G.S. 58-9; 58-54; 58-124.17; 58-124.28; 58-131.34;58-131.60; 58-148; 58-157; 58-180.2; 58-248.2; 58-248.40.11 NCAC 10 .1206 COMMERCIAL LINESAll licensed insurance companies or any other licensed entityfiling forms for coverages governed by G.S. 58, Articles 40 and41 shall:(1) complete a transmittal header as prescribed in11 NCAC 10 .1209;(2) complete the Questionnaire as prescribed in 11NCAC 10 .1207;(3) if the filer is filing a modification to anexisting form, provide a "side-by-side"comparison of the existing and modified formsand explain all broadenings and restrictions ofcoverage.Authority G.S. 58-2-40; 58-3-150; 58-41-50.11 NCAC 10 .1209 TRANSMITTAL HEADERAll form filings shall be accompanied by a transmittal headerwhich is available at the Department's Internet web site(www.ncdoi.com), by writing the N.C. Department of Insurance,Property & Casualty Division, 430 N. Salisbury St., P.O. Box26387, Raleigh, NC 27611, or by calling the Division at (919)733-3368.Authority G.S. 58-2-40; 58-3-150; 58-36-55; 58-45-45;58-46-55.TITLE 13 – DEPARTMENT OF LABORNotice is hereby given in accordance with G.S. 150B-21.2 thatthe NC Department of Labor intends to amend the rule cited as13 NCAC 07A .0302. Notice of Rule-making Proceedings waspublished in the Register on November 1, 2001.Proposed Effective Date: August 1, 2002Instructions on How to Demand a Public Hearing: (must berequested in writing within 15 days of notice): Written requests