RSA 408-C:4 · Powers of the Commission

408-C:4 Powers of the Commission. – The commission shall have the following powers:

Copy link

I.

To promulgate rules, pursuant to RSA 408-C:7, which shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

Copy link

II.

To exercise its rulemaking authority and establish reasonable uniform standards for products covered under the compact, and advertisement related thereto, which shall have the force and effect of law and shall be binding in the compacting states, but only for those products filed with the commission, provided, that a compacting state shall have the right to opt out of such uniform standard pursuant to RSA 408-C:7, to the extent and in the manner provided in this compact, and, provided further, that any uniform standard established by the commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioner's (NAIC) Long-Term Care Insurance Model Act, and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The commission shall consider whether any subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the uniform standards established by the commission for long-term care insurance products.

Copy link

III.

To receive and review in an expeditious manner products filed with the commission, and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the application uniform standard, which such approval shall have the force and effect of law and be binding on the compacting states to the extent and in the manner provided in this compact.

Copy link

IV.

To receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the commission, and give approval to all advertisement that satisfies the applicable uniform standard. For any product covered under this compact, other than long-term care insurance products, the commission shall have the authority to require an insurer to submit all or any part of its advertisement with respect to that product for review or approval prior to use, if the commission determines that the nature of the product is such that an advertisement of the product could have the capacity or tendency to mislead the public. The actions of the commission as provided in this section shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the compact.

Copy link

V.

To exercise its rulemaking authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the commission.

Copy link

VI.

To promulgate operating procedures, pursuant to RSA 408-C:7, that shall be binding in the compacting states to the extent and in the manner provided in this compact.

Copy link

VII.

To bring and prosecute legal proceedings or actions in its name as the commission; provided, that the standing of any state insurance department to sue or be sued under applicable law shall not be affected.

Copy link

VIII.

To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.

Copy link

IX.

To establish and maintain offices.

Copy link

X.

To purchase and maintain insurance and bonds.

Copy link

XI.

To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compacting state.

Copy link

XII.

To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the compact, and determine their qualifications; and to establish the commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

Copy link

XIII.

To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided, that at all times the commission shall strive to avoid any appearance of impropriety.

Copy link

XIV.

To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety.

Copy link

XV.

To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

Copy link

XVI.

To remit filing fees to compacting states as may be set forth in the bylaws, rules, or operating procedures.

Copy link

XVII.

To enforce compliance by compacting states with rules, uniform standards, operating procedures and bylaws.

Copy link

XVIII.

To provide for dispute resolution among compacting states.

Copy link

XIX.

To advise compacting states on issues relating to insurers domiciled or doing business in non-compacting jurisdictions, consistent with the purposes of this compact.

Copy link

XX.

To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments.

Copy link

XXI.

To establish a budget and make expenditures.

Copy link

XXII.

To borrow money.

Copy link

XXIII.

To appoint committees, including advisory committees comprising members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the bylaws.

Copy link

XXIV.

To provide and receive information from, and to cooperate with law enforcement agencies.

Copy link

XXV.

To adopt and use a corporate seal.

Copy link

XXVI.

To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of the business of insurance. Source. 2004, 196:2, eff. Aug. 6, 2004.

Copy link