OIR Issues Notices of Intent to Repeal Rules Relating to Adjusters and Informal Conferences

May 26, 2008

The Florida Office of Insurance Regulation (“OIR”) has issued notices of intent to repeal the following:

 

69N-121.066 Informal Conferences

Through issuance of a Notice of Proposed Rulemaking, the OIR has proposed repeal of Rule 69N-121.066 Informal Conferences.

The existing Rule sets forth the process the OIR is to follow after an examination of an insurer is performed and the OIR provides the insurer with a draft of the report of examination.  The OIR has proposed repeal of this Rule, inasmuch as the applicable statute is self-explanatory, thereby making the Rule unnecessary.

If requested in writing within 21 days of the date of this Notice, a hearing will be held on:
June 26, 2008 at 9:30 a.m.
142 Larson Building
200 East Gaines Street
Tallahassee, Florida.

A copy of the Notice and full text of the Proposed Rule slated for repeal is enclosed for your review.

 

69O-220.001,.051,.201 Adjusters

Through issuing a Notice of Proposed Rulemaking, the OIR has proposed the  repeal of Rule 69O-220.001,.051,.201 Adjusters.
               
When the Florida Department of Insurance (“DOI”) was reorganized into the OIR and the Florida Department of Financial Services (“DFS”), the regulation of insurance adjusters, Chapter 626, Part VI, was assigned to DFS.  Subsequently, all DOI Rules became Rules of either DFS, OIR or both agencies.

Specifically, Rule Chapter 4-144 that regulates adjusters, was assigned to both agencies for joint administration. 

Pursuant to Chapter 626, Part VI, the OIR has determined that only DFS has regulatory authority over adjusters, and that the OIR does not have any authority. 

It also has determined that the Financial Services Commission does not have any authority to promulgate Rules to regulate adjusters.  Consequently, this OIR rule chapter needs to be repealed. 

Meanwhile, DFS actively regulates adjusters and has Rules implementing the applicable statutes.

Therefore, repealing Chapter 69O-220 establishes DFS as the administrative agency responsible for regulating these laws, and eliminates confusion over whether the OIR or DFS is the regulatory agency for these issues.

If requested in writing within 21 days of the date of this Notice, a hearing will be held on:
June 26, 2008 at 1:30 p.m.
142 Larson Building
200 East Gaines Street
Tallahassee, Florida

The Notice and text of the Proposed Rule repeal are attached for your review.

 

Should you have any questions or comments, please do not hesitate to contact this office.

 

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