- (a) The Insurance Commissioner is not required to formally adopt or approve a proposed rule in writing after a rulemaking hearing but may simply permit the promulgation process to continue onto the next steps of legislative review and approval of the proposed rule.
(b)
- (1) On the other hand, the commissioner, in his or her discretion, may withdraw a proposed rule following a hearing or re-notice a proposed rule for rehearing due to public comments, lack of public comments, or in the event there exist defects in the proposed rule related to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., or other legislatively required procedures or filings.
(2) The department shall:
- (A) Communicate a withdrawal of a rule to the Bureau of Legislative Research and Legislative Council; and
- (B) Notify interested parties of a withdrawal or rehearing of a rule in its email distribution system described in 23 CAR § 43-403.