§ 8506. Commission records and enforcement
(a) The Commission shall adopt rules establishing conditions and procedures for public
inspection and copying of its information and official records, except such information
and records involving the privacy of individuals and insurers’ trade secrets. The
Commission may adopt additional rules under which it may make available to federal
and state agencies, including law enforcement agencies, records and information otherwise
exempt from disclosure, and may enter into agreements with such agencies to receive
or exchange information or records subject to nondisclosure and confidentiality provisions.
(b) Except as to privileged records, data, and information, the laws of any compacting
state pertaining to confidentiality or nondisclosure shall not relieve any compacting
state commissioner of the duty to disclose any relevant records, data, or information
to the Commission, provided that disclosure to the Commission shall not be deemed
to waive or otherwise affect any confidentiality requirement; and further provided
that, except as otherwise expressly provided in this chapter, the Commission shall
not be subject to the compacting state’s laws pertaining to confidentiality and nondisclosure
with respect to records, data, and information in its possession. Confidential information
of the Commission shall remain confidential after such information is provided to
any commissioner.
(c) The Commission shall monitor compacting states for compliance with duly adopted bylaws,
rules, including uniform standards, and operating procedures. The Commission shall
notify any noncomplying compacting state in writing of its noncompliance with Commission
bylaws, rules, or operating procedures. If a noncomplying compacting state fails to
remedy its noncompliance within the time specified in the notice of noncompliance,
the compacting state shall be deemed to be in default as set forth in section 8513
of this chapter.
(d) The commissioner of any state in which an insurer is authorized to do business, or
is conducting the business of insurance, shall continue to exercise his or her authority
to oversee the market regulation of the activities of the insurer in accordance with
the provisions of the state’s law. The commissioner’s enforcement of compliance with
the compact is governed by the following provisions:
(1) With respect to the commissioner’s market regulation of a product or advertisement
that is approved or certified to the Commission, the content of the product or advertisement
shall not constitute a violation of the provisions, standards, or requirements of
the compact except upon a final order of the Commission, issued at the request of
a commissioner after prior notice to the insurer and an opportunity for hearing before
the Commission.
(2) Before a commissioner may bring an action for violation of any provision, standard,
or requirement of the compact relating to the content of an advertisement not approved
or certified to the Commission, the Commission, or an authorized Commission officer
or employee, must authorize the action. However, authorization pursuant to this subdivision
does not require notice to the insurer, opportunity for hearing or disclosure of requests
for authorization, or records of the Commission’s action on such requests. (Added 2005, No. 70, § 2.)