If action has not been taken in a case before the department of insurance for a period of at least two (2) years, the commissioner, on the:

1. (1) motion of a party; or

2. (2) commissioner's own initiative;

   may file a motion in Marion county circuit court to dismiss the case under Rule 41(E) of the Indiana Rules of Trial Procedure.

As added by P.L.111-1998, SEC.10.