Place: OCI, 2nd Floor, 125 South Webster Street, Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 14
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Mr. Robert Luck
Legal Unit - OCI Rule Comment for Rule 5
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
3. Explanation of the OCI's authority to promulgate the proposed rule: OCI has set standards for the conduct of administrative hearings it holds. The existing rule has been in existence since 1996 and this change is clarification of some specific parts of that rule.
4. Related Statutes or rules: See statutes interpreted in #1 above.
5. The plain language analysis and summary of the proposed rule: This rule identifies specific sanctions allowed by the statutes and in circuit court and reinforces that they are available for use in administrative proceedings where a party defaults, fails to comply with a subpoena or fails to comply with discovery orders. Those additional sanctions are striking the pleadings, awarding expenses, imposing a forfeiture and any other statutory sanction allowed. Since the existing rule referenced certain penalties and not others, questions were from time to time raised regarding whether other statutory sanctions could be applied. The changes also specifically reference that the ALJ may consider and grant orders for summary judgement.
The rule sets a standard of “excusable neglect" for a Respondent to obtain relief from their default. The rule specifically lists penalties for failing to comply with discovery orders including striking the pleadings, awarding expenses, ordering a forfeiture on the Respondent, taking the allegations as true without further proof or hearing. Since the state of Wisconsin has sovereign immunity, monetary penalties cannot be imposed against the state.
In addition, the current address listed in the rule or OCI is corrected.
6. Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule: There are no federal regulations which address Wisconsin administrative hearings.
7. Comparison of similar rules in adjacent states as found by OCI: Iowa: Section 17A.12 the presiding officer may enter a default decision or proceed to take evidence in the absence of the default party. If the defaulting party wishes to contest the default, they must show “good cause" for the default.
Illinois: Statutory section 750 ILCS 25/10 permits the administrative hearing officer to proceed to hear the case based on the testimony of the petitioner and other evidence and make a decision. The Respondent can attempt to contest the default by filing a motion within 14 days of the default order.
Minnesota: Rule sections 1400.6000 and 1400.8560 deal with default situations and both allow the ALJ to take all allegations as true without further proof and to enter an appropriate order based on those facts.
Michigan: MI Admin. Code R 28.4013 (2004) Rule 13. If a party fails to appear after proper service of notice, the department, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.
Indiana: Section 312 IAC 3-1-9 allows a Natural Resources Commission administrative law judge to enter a proposed order of default or proposed order of dismissal (Note: No provision could be found that specifically applied to insurance contested cases)
8. A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule: This rule identifies certain motions, penalties and other administrative provisions which the statutes specifically allowed. The existing rule referenced some, but not all of these. This rule amendment makes clear that all statutory sanctions apply.
9. Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s.
227.114: Since the rule clarifies administrative procedures for Respondents who are in default or disobedient to orders issued by the administrative law judge, there is no significant effect on small businesses.
10. If these changes may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by private sector in complying with the rule: Not Applicable because there is no significant effect.
11. A description of the Effect on Small Business: None.
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor
Madison WI 53702
Mail: PO Box 7873, Madison WI 53707-7873
13. Place where comments are to be submitted and deadline for submission: The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in the Notice of Hearing.
Mailing address:
Mr. Robert Luck
Legal Unit - OCI Rule Comment for Rule 5
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Mr. Robert Luck
Legal Unit - OCI Rule Comment for Rule nnn
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
OCI Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address
Eileen.Mallow@oci.state.wi.us
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at:
Inger.Williams@OCI.State.WI.US, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Fiscal Analysis
For Rule Ins 5 relating to administrative hearing procedures for OCI. There will be no state or local government fiscal effect.
This rule will have no significant effect on the private sector regulated by OCI. If anything, this rule should slightly reduce OCI costs by securing compliance with discovery rulings by the ALJ. These sanctions should reduce slightly the time and effort it takes OCI to bring administrative matters to a conclusion. The only effect on private sector, regulated entities would be penalties for those entities that do not comply with valid discovery orders, default in a hearing being held involving that entity or not complying with other orders after an administrative proceeding has been commenced. The private sector entity may have sanctions imposed on them, including monetary penalties.
If anything, this rule should slightly reduce agency costs by securing compliance with discovery rulings by the ALJ. These sanctions should reduce the time and effort it takes OCI to bring hearings to a conclusion where a party refuses to participate in the action or comply with orders issued in the prosecution of that action.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ch.
Ins 14, Wis. Adm. Code, relating to vehicle protection plans.
Hearing Information
Date: January 11, 2005
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: OCI, Room 227
125 South Webster St 2nd Floor
Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 14
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 14
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
3. Explanation of the OCI's authority to promulgate the proposed rule under these statutes: These statutes define certain requirements for vehicle protection plans to be implemented by the Office of the Commissioner of Insurance. The statutes specifically require the Office to set the fees to be paid for regulation. These plans would currently be regulated as full fledged insurers and thus these statutes and implementing rule will lessen substantially the costs to the plans and the regulations that they are subject to.
4. Related Statutes or rules: None.
5. The plain language analysis and summary of the proposed rule: This rule implements new statutes regulating vehicle protection plans by setting the fees which the statutes required be set by rule by the commissioner. The fees are set at a level to attempt to cover the agencies costs incurred in relation to the review, data storage, monitoring and regulation of these plans.
6. Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule: No federal regulation addresses the activities of vehicle protection plans.
7. Comparison of similar rules in adjacent states as found by OCI:
Iowa: There is no similar rule in Iowa.
Illinois: Warranties on vehicle protection products are not considered insurance pursuant to s.
155.39, Illinois Insurance Code. Consequently, such products are not regulated by the Illinois Insurance Department.
Minnesota: There is no similar rule in Minnesota.
Michigan: There is no similar rule in Michigan.
8. A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule: This rule implements the provisions of
2003 Wisconsin Act 302.
9. Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s.
227.114: Given the following the following facts, OCI has determined that detailed analysis of the rule's effect on small business was not reasonable or necessary.
1) This rule does not impose any additional requirements on small businesses beyond those required or allowed by the applicable statutes.
2) The applicable statutes and the proposed rule actually reduce the regulatory burden on warrantors offering vehicle protection product warranties. Prior to the enactment of the statutes, such warrantors were subject to a much broader range of regulation because the warranties being offered are considered to be an insurance product.
