Wyo. Code R. 044-0002-60
Effective Date: 10/11/2007 to 02/08/2008
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 044.0002.60.10112007
IN THE MATTER OF THE CREATION ) OF A REGULATION ON MILITARY ) SALES PRACTICES. )
Docket 07-14
PLEASE TAKE NOTICE THAT:
1. Agency: Wyoming Insurance Department Address: 106 East 6th Avenue, Cheyenne, Wyoming 82002 Agency Contact Person for these Rules: James S. Mitchell, Staff Attorney Work Telephone: (307) 777-6889
2. Statement of the terms and substance of the proposed rule or a description of the subjects and issues involved:
To set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair.
3. Citation to each agency rule being created, amended or repealed: Chapter 60
4. Interested persons may obtain a copy of the proposed rule by: Visiting the Department's website at http://insurance.state.wy.us; writing to the Wyoming Insurance Department, 106 East 6th Avenue, Cheyenne, Wyoming 82002; or calling Dee Wilhelm at (307) 777-6916. If the proposed rule(s) amend existing rules, the copy of the proposed rule(s) will be in a format that clearly indicates additions to and deletions from existing language.
5. Statement of the time when, the place where, and the manner in which interested persons may present their views on the intended action:
Written comments concerning the proposed rules may be submitted to James S. Mitchell, Staff Attorney, Wyoming Insurance Department, 106 East 6th Avenue, Cheyenne, Wyoming 82002 no later than November 26, 2007.
6. (If not already scheduled as shown by Item 7 below) A public hearing will be held if requested by 25 persons, a governmental subdivision or by an association having not less than 25 members. Requests for a public hearing may be addressed to:
James S. Mitchell Staff Attorney Wyoming Insurance Department 106 East 6th Avenue Cheyenne, WY 82002
7. Yes ☐ No ☒ A public hearing on the proposed rule(s) has been scheduled.
If yes: Date, time and place of scheduled hearing: N/A
8. Any person may urge the agency not to adopt the rules and also request the agency to state its reasons for overruling the consideration urged against adoption. Requests for an agency response under this Item 8 must be made prior to, or within (thirty) 30 days after adoption of the rule, addressed to: Insurance Commissioner, Wyoming Insurance Department, 106 East 6th Avenue, Cheyenne, Wyoming 82002.
9. Yes ☐ No ☒ These are New Rules (i.e., these are the first set of rules to be promulgated by the agency after the Legislature's adoption of a new statutory provision or an act significantly amending an existing statute. A new rule is one that is promulgated in direct response to, or that is mandated by, the enacted statute and may involve creation of an entirely new provision in the agency's rules or the repeal or amendment of an existing rule.)
If Yes: Citation to the specific legislation resulting in the promulgation of these rules: N/A.
10. Yes ☑ No ☐ These rules are adopted, amended or repealed to comply with federal law or regulatory requirements.
If Yes:
a. Citation to applicable federal law or regulation: Pub. L. No. 109-290 (2006)
b. Indicate one: N/A
☐ The proposed rules meet but do not exceed minimum federal requirements; (or)
☑ The proposed rules exceed minimum federal requirements.
c. Any person wishing to object to the accuracy of any information provided by the agency under this Item 10 should submit their objections prior to final adoption to:
Wyoming Insurance Department, 106 East 6th Avenue, Cheyenne, Wyoming 82002.
If timely objections are submitted, the agency will provide the objecting person with a written response explaining and substantiating the agency's position by reference to federal law or regulations.
11. Indicate one: (Required by WYO. STAT. § 16-3-103(a)(i)(G))
☑ The proposed rule change meets minimum substantive state statutory requirements.
☐ The proposed rule change exceeds minimum substantive state statutory requirements.
If the rule change exceeds the minimum substantive state statutory requirements, the agency shall include a statement explaining the reason the rule exceeds minimum substantive statutory requirements.
This rule-making proceeding is conducted pursuant to the rule-making authority of the Commissioner of Insurance as set forth in Wyo. Stat. § 16-3-103, et seq. of the Administrative Procedure Act, and Wyo. Stat. § 26-2-110.
DONE in Cheyenne, Wyoming this 11th day of October, 2007.
/S/
KENNETH G. VINES WYOMING INSURANCE COMMISSIONER