374.185. Uniformity of regulation, director to cooperate.

392 words·~2 min read·/mo/chapter-374/374-185

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374.185. Uniformity of regulation, director to cooperate. — 1. The director may cooperate, coordinate, and consult with other members of the National Association of Insurance Commissioners, the commissioner of securities, state securities regulators, the division of finance, the division of credit unions, the attorney general, federal banking and securities regulators, the National Association of Securities Dealers (NASD), the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, and the United States Department of Health and Human Services to effectuate greater uniformity in insurance and financial services regulation among state and federal governments, and self-regulatory organizations.

The director may share records with any aforesaid entity, except that any record that is confidential, privileged, or otherwise protected from disclosure by law shall not be disclosed unless such entity agrees in writing prior to receiving such record to provide it the same protection. No waiver of any applicable privilege or claim of confidentiality regarding any record shall occur as the result of any disclosure.

2. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under the laws relating to insurance, the director shall, at the discretion of the director, take into consideration in carrying out the public interest the following general policies:

(1)Maximizing effectiveness of regulation for the protection of insurance consumers;

(2)Maximizing uniformity in regulatory standards; and

(3)Minimizing burdens on the business of insurance, without adversely affecting essentials of consumer protection.

3. The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:

(1)Establishing or employing one or more designees as a central electronic depository for licensing and rate and form filings with the director and for records required or allowed to be maintained;

(2)Encouraging insurance companies and producers to implement electronic filing through a central electronic depository;

(3)Developing and maintaining uniform forms;

(4)Conducting joint market conduct examinations and other investigations through collaboration and cooperation with other insurance regulators;

(5)Holding joint administrative hearings;

(6)Instituting and prosecuting joint civil or administrative enforcement proceedings;

(7)Sharing and exchanging personnel;

(8)Coordinating licensing under section 375.014 ;

(9)Formulating rules, statements of policy, guidelines, forms, no action determinations, and bulletins; and

(10)Formulating common systems and procedures.

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(L. 2007 S.B. 66, A.L. 2016 S.B. 865 & 866)