Holly L. Strop
Legal Unit - OCI Rule Comment for Rule Ins 690
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Holly L. Strop
Legal Unit - OCI Rule Comment for Rule Ins 690
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Holly L. Strop
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and 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
OCI Services Section
Phone: (608) 264-8110
Address: 125 South Webster St. – 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
The proposed rule is promulgated under the Commissioner's authority to prescribe misleading, deceptive and prohibited practices for insurers and insurance intermediaries.
Related statutes or rules
The proposed rule relates to existing statutes and rules defining misleading, deceptive and prohibited practices for insurers and insurance intermediaries under ch.
628, Wis. Stats., and s.
Ins 6.60, Wis. Adm. Code.
Plain language analysis
Chapter
Ins 6, Wis. Adm. Code, sets forth general information regarding prohibited business practices insurers and insurance intermediaries. Recently, states have identified a possible fraudulent marketing and sales activity related to the use of senior-specific certifications in the sale of insurance products to seniors. In 2008, the National Association of Insurance Commissioners (NAIC) created a committee to establish a model rule setting standards for the use of senior specific certifications and professional designations by insurance producers in the sale of life insurance and annuities to all consumers regardless of age. The NAIC Model Rule was adopted in July of 2008. The proposed Wisconsin rule follows the NAIC Model with two exceptions. First, the proposed rule adds the term advertising to the list of practices and conduct to which the rule applies. Second, the proposed rule adds health insurance to life insurance an annuity products in the list of insurance products to which the rule applies.
Comparison with federal regulations
The North American Securities Administrators Association (NASAA) Model Rule, adopted March 20, 2008, addresses the use of senior specific certifications or designations by any person in connection with the offer, sale, or purchase of securities. The NAIC Model Rule, adopted in September of 2008, addresses the use of senior specific certifications and professional designations by insurance producers in the sale of life insurance and annuities.
Comparison with rules in adjacent states
To date, Iowa is the sole state, adjacent to Wisconsin to adopt the NAIC Model Rule. Nationally, several non-adjacent states have adopted the NAIC Model Rule, including, California, Kentucky, Missouri, New Hampshire, New Jersey, and Utah. Similar legislation is pending in Alaska, Arkansas, Florida, Oklahoma, Ohio, Rhode Island, and Virginia. The degree to which each state's regulations track the Model Rule varies widely. Utah and Ohio also expanded the scope of the regulation to include health insurance.
Illinois: n/a
Iowa:
Iowa Administrative Code 191-10.19, tracks the NAIC Model Rule.
Michigan: n/a
Minnesota: n/a
Summary of factual data and analytical methodologies
OCI review of complaints, NAIC models, similar legislation in other states, and insurer's financial information.
Analysis and supporting documentation used to determine effect on small businesses
This rule relates to prohibited business practices of insurance intermediaries and there is no significant effect on small businesses.
Small Business Impact
This rule does not impose any additional requirements on small businesses and will have little or no effect on small businesses.
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
State or local government fiscal effect
There will be no state or local government fiscal effect.
Private sector fiscal effect
This rule change will have no significant effect on the private sector regulated by OCI.
Notice of Hearings
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
86.31 (6) and
227.11 (2), Stats., the Department of Transportation will hold public hearings at the following locations to consider the creation of Chapter
Trans 206, relating to the local roads improvement program.
Hearing Information
Monday, July 20, 2009 — 1:00 PM
Department of Transportation
Hill Farms State Transportation Building
4802 Sheboygan Avenue, Room 144-B
Madison, WI
Wednesday, July 22, 2009 — 12:00 Noon
North Central Technical College
1000 W. Campus Drive, Main Building
Room E101
Wausau, WI
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rule
A copy of the proposed rule may be obtained upon request from Lori Richter, Department of Transportation, Bureau of Transit, Local Roads, Railroads & Harbors, Room 951, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Lori by phone at (608) 266-0254 or via e-mail:
lori.richter@dot.state.wi.us.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until August 5, 2009, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at either hearing. Any such comments should be submitted to:
Lori Richter, Department of Transportation
Bureau of Transit, Local Roads, Railroads & Harbors
Room 951
P. O. Box 7913
Madison, WI 53707-7913.
Phone: (608) 266-0254
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
