NOTICE OF PROPOSED CHANGES REGARDING SURPLUS LINES BROKERS; ATTORNEY FEES COVERAGE; ANNUAL NOTICES; CONSUMER PAYMENTS; LIMITS FOR AUTOMOBILE RATINGS; SCHEDULE AND INDIVIDUAL RISK RATING PLANS; INFORMATION FILINGS FOR COMMERCIAL INSURANCE; REPORTING OF STATISTICAL DATA BY PROPERTY AND CASUALTY INSURANCE COMPANIES; REIMBURSEMENT OF LOSSES; THE WORKERS' COMPENSATION REVIEW AND ADVISORY COMMITTEE; WORKERS' COMPENSATION LOSS REIMBURSEMENT REQUIREMENTS; FEES; FILING PROCEDURES FOR FORMS, RATES, MANUALS, RATING PLANS, AND RULES; AMENDING DEFINITIONS; AND REPEALING OUTDATED REGULATIONS IN THE REGULATIONS OF THE DIVISION OF INSURANCE
The Division of Insurance proposes to adopt regulation changes in Title 3, Chapters 25, 26, 29, 30, and 31 of the Alaska Administrative Code, dealing with surplus lines brokers; attorney fees coverage; annual notices; consumer payments; limits for automobile ratings; schedule and individual risk rating plans; information filings for commercial insurance; reporting of statistical data by property and casualty insurance companies; reimbursement of losses; the workers' compensation review and advisory committee; workers' compensation loss reimbursement requirements; fees; filing procedures for forms, rates, manuals, rating plans, and rules; amending definitions; and repealing outdated regulations, including the following:
3 AAC 25, 3 AAC 26, 3 AAC 29, 3 AAC 30, and 3 AAC 31 are proposed to be amended as follows:
- 3 AAC 25 is proposed to be changed as follows: Amendments to clarify the regulations regarding surplus lines brokers by allowing electronic signatures, and adding definitions.
- 3 AAC 26 is proposed to be changed as follows: Amendments regarding attorney fees taxable according to Alaska Rule of Civil Procedure 82, repealing 3 AAC 26.530, amending the annual notice regulations, amending definitions, and adding a new article regarding consumer payments.
- 3 AAC 29 is proposed to be changed as follows: 3 AAC 29.220(c) and 3 AAC 29.280 are proposed to be repealed, a section is proposed to be added regarding limits for automobile ratings, updating regulations regarding schedule and individual risk rating plans, 3 AAC 29.435 is proposed to be repealed due to being outdated, amendments are proposed regarding information filings for commercial insurance, and new articles are proposed to be added regarding the reporting of statistical data by property and casualty insurance companies, and reimbursement of losses.
- 3 AAC 30 is proposed to be changed as follows: 3 AAC 30.020 is proposed to be repealed due to being outdated, amendments to regulations regarding the Workers' Compensation Review and Advisory Committee are proposed to update and clarify the regulations, and a new article are proposed regarding workers' compensation loss reimbursement requirements.
- 3 AAC 31 is proposed to be changed as follows: Amendments regarding clarifying fees, updating regulations regarding filing procedures for forms, rates, manuals, rating plans, and rules, amending definitions, and repealing 3 AAC 31.210(d)(1)-(2) and 3 AAC 31.250(a).
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Division of Insurance; Attention: Jackson Willard; P.O. Box 110805, Juneau, Alaska 99811; or by fax to (907) 465-3422, and by electronic mail at insurance@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received no later than 5:00pm on July 6, 2020.
You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on July 6, 2020 from 10 a.m. to 11 a.m. Alaska time by calling 1-800-315-6338 and using Access Code: 42070#. Due to public health and safety concerns associated with the COVID – 19 pandemic, there will not be in-person attendance provided at the hearing site, so please prepare to share your oral comments by telephone only. Callers should be on the line before the hearing begins at 10 a.m. if they would like to provide oral testimony. Priority will be given to those who called in before 10 a.m. Prior to the start of the hearing, the Division of Insurance may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.
You may submit written questions relevant to the proposed action to Jackson Willard via email at jackson.willard@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Division of Insurance will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the Division of Insurance’s website.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kelli Patterson via email at kelli.patterson@alaska.gov not later than July 1, 2020, to ensure that any necessary accommodation can be provided.
A copy of the proposed changes is available on the Alaska Online Public Notice System and on the Division of Insurance’s website and by contacting Jackson Willard at jackson.willard@alaska.gov.
A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System or through the Division of Insurance’s website at insurance.alaska.gov.
After the public comment period ends, the Division of Insurance will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory authority: AS 21.06.090; AS 21.09.200; AS 21.34.080; AS 21.34.170; AS 21.34.180; AS 21.34.250; AS 21.36.125; AS 21.36.305; AS 21.36.490; AS 21.36.900; AS 21.39.040; AS 21.39.060; AS 21.39.130; AS 21.39.155; AS 21.39.210; AS 21.42.120; AS 21.51.405; AS 21.54.015; AS 21.59.200; AS 21.61.109; AS 21.66.370; AS 21.75.045; AS 21.96.080.
Statutes being implemented, interpreted, or made specific: AS 06.40.010; AS 06.40.020; AS 21.06.090; AS 21.06.250; AS 21.09.200; AS 21.27.010; AS 21.27.025; AS 21.34.080; AS 21.34.170; AS 21.34.180; AS 21.34.190; AS 21.34.250; AS 21.36.090; AS 21.36.120; AS 21.36.125; AS 21.36.210; AS 21.36.240; AS 21.36.305; AS 21.36.310; AS 21.36.355; AS 21.36.490; AS 21.36.900; AS 21.39.020; AS 21.39.030; AS 21.39.040; AS 21.39.041; AS 21.39.050; AS 21.39.060; AS 21.39.070; AS 21.39.130; AS 21.39.155; AS 21.39.210; AS 21.39.220; AS 21.42.075; AS 21.42.120; AS 21.42.123; AS 21.42.125; AS 21.42.130; AS 21.42.160; AS 21.51.405; AS 21.54.015; AS 21.57.080; AS 21.59.140; AS 21.59.160; AS 21.59.200; AS 21.61.105; AS 21.61.109; AS 21.66.210; AS 21.66.370; AS 21.66.450; AS 21.75.045; AS 21.84.255; AS 21.86.070; AS 21.87.180; AS 21.87.190; AS 21.96.080; AS 21.97.900; AS 23.30.025; AS 23.30.030
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.
The Division of Insurance keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the division notices of proposed regulation changes. To be added to or removed from the list, send a request to the division at insurance@alaska.gov, listing your name, and your e-mail address.
Date: June 2, 2020
Lori Wing-Heier
Director, Division of Insurance