§ 58-91-20. Powers of the Commission.
§ 58‑91‑20. Powers of the Commission.
The Commission shall have thefollowing powers:
(1) To promulgate rules,pursuant to G.S. 58‑91‑35, which shall have the force and effect oflaw and shall be binding in the compacting states to the extent and in the mannerprovided in this Compact.
(2) To exercise its rule‑makingauthority and establish reasonable uniform standards for products covered underthe Compact, and advertisement related thereto, which shall have the force andeffect of law and shall be binding in the compacting states, but only for thoseproducts filed with the Commission. Notwithstanding this subdivision, acompacting state shall have the right to opt out of a uniform standard pursuantto G.S. 58‑91‑35, to the extent and in the manner provided in thisCompact, and any uniform standard established by the Commission for long‑termcare insurance products may provide the same or greater protections forconsumers as, but shall not provide less than, those protections set forth inthe National Association of Insurance Commissioners' Long‑Term CareInsurance Model Act and Long‑Term Care Insurance Model Regulation,respectively, adopted as of 2001. The Commission shall consider whether anysubsequent amendments to the NAIC Long‑Term Care Insurance Model Act orLong‑Term Care Insurance Model Regulation adopted by the NAIC requireamending of the uniform standards established by the Commission for long‑termcare insurance products.
(3) To receive andreview in an expeditious manner products filed with the Commission, and ratefilings for disability income and long‑term care insurance products, andgive approval of those products and rate filings that satisfy the applicableuniform standard, where the approval shall have the force and effect of law andbe binding on the compacting states to the extent and in the manner provided inthe Compact.
(4) To receive andreview in an expeditious manner advertisement relating to long‑term careinsurance products for which uniform standards have been adopted by the Commissionand give approval to all advertisement that satisfies the applicable uniformstandard. For any product covered under this Compact, other than long‑termcare insurance products, the Commission shall have the authority to require aninsurer to submit all or any part of its advertisement with respect to thatproduct for review or approval prior to use, if the Commission determines thatthe nature of the product is such that an advertisement of the product couldhave the capacity or tendency to mislead the public. The actions of theCommission as provided in this section shall have the force and effect of lawand shall be binding in the compacting states to the extent and in the mannerprovided in the Compact.
(5) To exercise its rule‑makingauthority and designate products and advertisement that may be subject to aself‑certification process without the need for prior approval by theCommission.
(6) To promulgateoperating procedures pursuant to G.S. 58‑91‑35 which shall bebinding in the compacting states to the extent and in the manner provided inthis Compact.
(7) To bring andprosecute legal proceedings or actions in its name as the Commission exceptthat the standing of any state insurance department to sue or be sued underapplicable law shall not be affected.
(8) To issue subpoenasrequiring the attendance and testimony of witnesses and the production ofevidence.
(9) To establish andmaintain offices.
(10) To purchase andmaintain insurance and bonds.
(11) To borrow, accept,and contract for services of personnel, including employees of a compactingstate.
(12) To hire employees,professionals, or specialists, and elect or appoint officers, and to fix theircompensation, define their duties, and give them appropriate authority to carryout the purposes of the Compact, and determine their qualifications; and toestablish the Commission's personnel policies and programs relating to, amongother things, conflicts of interest, rates of compensation, and qualificationsof personnel.
(13) To accept any and allappropriate donations and grants of money, equipment, supplies, materials, andservices, and to receive, utilize, and dispose of the same. At all times theCommission shall strive to avoid any appearance of impropriety.
(14) To lease, purchase,accept appropriate gifts or donations of, or otherwise to own, hold, improve,or use, any property, real, personal, or mixed. At all times the Commissionshall strive to avoid any appearance of impropriety.
(15) To sell, convey,mortgage, pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal, or mixed.
(16) To remit filing feesto compacting states as may be set forth in the bylaws, rules, or operatingprocedures.
(17) To enforce complianceby compacting states with rules, uniform standards, operating procedures, andbylaws.
(18) To provide fordispute resolution among compacting states.
(19) To advise compactingstates on issues relating to insurers domiciled or doing business innoncompacting jurisdictions, consistent with the purposes of this Compact.
(20) To provide advice andtraining to those personnel in state insurance departments responsible forproduct review, and to be a resource for state insurance departments.
(21) To establish a budgetand make expenditures.
(22) To borrow money.
(23) To appointcommittees, including advisory committees comprising members, state insuranceregulators, state legislators or their representatives, insurance industry andconsumer representatives, and such other interested persons as may be designatedin the bylaws.
(24) To provide andreceive information from, and to cooperate with, law enforcement agencies.
(25) To adopt and use acorporate seal.
(26) To perform any otherfunctions that may be necessary or appropriate to achieve the purposes of thisCompact consistent with the state regulation of the business of insurance. (2005‑183, s. 1;2009-382, s. 35.)