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WEST VIRGINIA STATUTES AND CODES

§64-7-2 Insurance Commissioner.

§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the State Register on August 29, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 20, 2009, relating to the Insurance Commissioner (Long-term Care Insurance, 114 CSR 32), is authorized.

(b) The legislative rule filed in the State Register on August 29, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 20, 2009, relating to the Insurance Commissioner (Actuarial Opinion and Memorandum, 114 CSR 41), is authorized.

(c) The legislative rule filed in the State Register on August 29, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 22, 2008, relating to the Insurance Commissioner (Continuing Education for Individual Insurance Producers, 114 CSR 42), is authorized, with the following amendment:

On page 11, subdivision 8.5.a., by striking out the words "within fifteen (15) days of the date of hearing" and inserting in lieu thereof the words "not less than fifteen (15) days prior to the date of hearing".

(d) The legislative rule filed in the State Register on August 14, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 20, 2009, relating to the Insurance Commissioner (Viatical Settlements, 114 CSR 80), is authorized.

(e) The legislative rule filed in the State Register on August 14, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 20, 2009, relating to the Insurance Commissioner (Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations, 114 CSR 83), is authorized.

(f) The legislative rule filed in the State Register on August 29, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 20, 2009, relating to the Insurance Commissioner (Professional Employer Organizations, 114 CSR 85), is authorized with the following amendments:

On page 1, subsection 2.1., after the words 'voting stock' by striking the word 'or' and inserting in lieu thereof the word 'of';

On page 1, subdivision 2.3.a, after the word 'hiring' by inserting the words 'his, her or';

On page 2, subsection 3.1., after the words 'itself out as providing' by omitting the comma, and after the words 'professional employer' by inserting the word 'organization';

On page 2, subdivision 3.2.b, after the words 'fee of' by striking the word '$300' and inserting in lieu thereof the words '$200, and an annual report fee of $100';

On page 2, subdivision 3.2.h., by striking out said subdivision 3.2.h. in its entirety and inserting in lieu thereof a new subdivision 3.2.h. to read as follows:

h. A statement of management which includes the name and evidence of business experience of any person who serves as a president, chief executive officer or otherwise has the authority to act as a senior executive officer of the PEO.;

On page 3, subdivision 3.2.l., in the last sentence of the subdivision, after the words 'certificate of authority' by inserting the words 'to do business in the state, issued by the Secretary of State,';

And,

On page 3, subsection 3.4 after the words 'file for renewal of' by striking the word 'their' and inserting in lieu thereof the word 'its', and after the words 'accompanied by a fee of' by striking the word '$300' and inserting in lieu thereof the words '$200 for the application fee and $100 for the annual report.'

(g) The legislative rule filed in the State Register on August 29, 2008, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 22, 2008, relating to the Insurance Commissioner (Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values, 114 CSR 86), is authorized.

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