BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE

OFFICE OF THE MONTANA STATE AUDITOR

 

In the matter of the repeal of ARM 6.6.2809 pertaining to the Approved Risk List

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

 

1.  The Commissioner of Securities and Insurance, Office of the Montana State Auditor (CSI) proposes to repeal the above-stated rule.

 

2.  CSI will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact CSI no later than 5:00 p.m. on April 25, 2023, to advise us of the nature of the accommodation that you need. Please contact Sam Loveridge, Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3497; TDD (406) 444-3246; or e-mail [email protected].

 

3. CSI proposes to repeal the following rule: 

 

6.6.2809  APPROVED RISK LIST -- INSURANCE PRESUMED UNOBTAINABLE FROM AUTHORIZED INSURERS

 

AUTH: 33-1-313, 33-2-316, MCA

IMP, 33-2-301, 33-2-302, 33-2-303, 33-2-305, 33-2-306, 33-2-308, 33-2-310, 33-2-311, 33-2-312, 33-2-313, 33-2-316, 33-2-321

 

4.  REASON:  As part of the biannual review of CSI's rules as required by 2-4-314, MCA, Montana State Auditor Troy Downing (commissioner) identified ARM 6.6.2809 for revision. ARM 6.6.2809 mandates the commissioner make available the so-called approved risk list at least semiannually. House Bill 156, Section 8, of the 68th Legislature would subsume ARM 6.6.2809 and proposes to codify the approved risk list language into statute. House Bill 156, Section 8 would change the timing of the notification requirement of the approved risk list from semiannually to annually and remove the formation of a committee to compile the approved risk list. Input from stakeholders would continue to be received by CSI without the need for a formal committee.  Thus, the commissioner has determined that it is no longer in the public interest to have a duplicative law and proposes to eliminate the rule. 

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Sam Loveridge, CSI Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3497; TDD (406) 444-3246; or e-mail [email protected], and must be received no later than 5:00 p.m., May 12, 2023.

 

6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Sam Loveridge at the above address no later than 5:00 p.m., May 12, 2023.

 

7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be one person based on a conservative estimate of how frequently CSI receives questions about the above-stated rule per year.

 

8.  CSI maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list must make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by CSI.

 

9.  An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

11.  With regard to the requirements of 2-4-111, MCA, CSI has determined that the repeal of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ Chris McConnell                                     /s/ Ole Olson                        

Chris McConnell                                          Ole Olson

Rule Reviewer                                              Chief Legal Counsel

Commissioner of Securities and Insurance, Office of the Montana State Auditor

 

Certified to the Secretary of State April 4, 2023.