WSR 15-21-050 EMERGENCY RULES OFFICE OF INSURANCE COMMISSIONER [Filed October 16, 2015, 2:17 p.m., effective October 29, 2015] Effective Date of Rule: October 29, 2015.
Purpose: This emergency rule repeals some sections of the WAC that were to become effective on July 1, 2015, but will potentially be in conflict with recently enacted legislation.
Citation of Existing Rules Affected by this Order: Repealing WAC 284-17-800, 284-17-820, and 284-17-830.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In August 2014 the commissioner adopted rules providing guidance to licensed insurance producers as to what may or may not constitute sharing commissions with nonlicensed persons. These rules are to become effective on July 1, 2015. However, during the 2015 legislative session, legislation was enacted that amended some of the statutes regarding what constitutes rebates and inducements, which in turn impacts these rules. Therefore, the commissioner is repealing some of these rules that potentially will be in conflict with this new legislation.
The commissioner is in the CR-102 stage of permanent rule making that will permanently repeal these three sections and replace them with new sections. However this process will not be complete before the expiration of the first emergency rule repealing these sections, which was filed on June 29, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 3.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 3.
Date Adopted: October 16, 2015.
Mike Kreidler
Insurance Commissioner
REPEALER
The following sections of the Washington Administrative Code are repealed:
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