WSR 97-23-077

PREPROPOSAL STATEMENT OF INQUIRY

INSURANCE COMMISSIONER'S OFFICE

[Insurance Matter R 97-6--Filed November 19, 1997, 10:23 a.m.]

Subject of Possible Rule Making: This rule would clarify the application of certain parts of the Electronic Authentication Act (chapter 19.34 RCW) to the insurance code and regulations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: The proposed rule would implement the insurance code pursuant to RCW 48.02.060; it would also implement the insurance code in view of the Electronic Authentication Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Various laws and rules currently phrase requirements assuming that all transactions occur using paper documents, and assuming that all transactions will happen face-to-face or over the phone. There are currently requirements that disclosure notices must be delivered or left with the consumer. The proposed rule would clarify or establish how an insurer can comply with delivery requirements, and other similar current laws and rules, where the transaction is accomplished by electronic communications.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study; and solicitation of comments from interested persons.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. If you are interested in participating in the development of these rules, or have questions regarding digital signatures or the Electronic Authentication Act, please contact George Taylor at e-mail georget@oic.wa.gov or (360) 438-7696 by December 15, 1997. If you have questions about the process of adoption of these rules, contact Kacy Brandeberry at e-mail kacyb@oic.wa.gov or (360) 407-0729.

November 19, 1997