Qualification and Certification of Neutral Evaluators, Notice of Program, Selection of Neutral Evaluator  

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    DEPARTMENT OF FINANCIAL SERVICES

    Division of Consumer Services

    RULE NOS.:RULE TITLES:

    69J-8.004Qualification and Certification of Neutral Evaluators

    69J-8.006Notice of Program

    69J-8.008Selection of Neutral Evaluator

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 174, September 6, 2013 issue of the Florida Administrative Register.

    These changes are being made to address concerns submitted in writing to the Department and written comments received from the staff of the Joint Administrative Procedures Committee.

     

    69J-8.004 Qualification and Certification of Neutral Evaluators.

    (1) through (4) No change.

    (5)(4) The department shall decertify any evaluator who ceases to meet the criteria in subsection (3)(2) above. After certification the neutral evaluator has a continuing duty to disclose to the department any failure to meet the standards in subsection (4) above.

     

    69J-8.006 Notice of Program.

    Rulemaking Specific Authority 627.7074(18) FS. Law Implemented 627.707, 627.7074 FS. History–New 11-4-07, Amended___________.

     

    69J-8.008 Selection of Neutral Evaluator.

    (1) No change.

    (2) The insurer shall contact the policyholder or its representative and the parties shall attempt to reach an agreement on selection of a neutral evaluator. If the parties come to mutual agreement on the selection of a neutral evaluator, both parties shall so inform the department, in writing, by emailing such information to the following email address: NeutralEvaluation@MyFloridaCFO.com. If after 10 days the parties have failed to agree upon the neutral evaluator, the parties shall so inform the department by calling the department at 1(850)488-6372.

    (3) If after 14 business days after receipt of the list of certified neutral evaluators the parties have failed to agree upon a neutral evaluator, the parties shall so inform the department by emailing such information to the following email address: NeutralEvaluation@MyFloridaCFO.com, or by calling the department at 1(850)413-5818. When informed that the selection of a neutral evaluator could not be agreed upon by the parties, the department shall select a neutral evaluator by rotating sequentially through the list of willing neutral evaluators.

    (4) through (6) No change.

    (7) Either party may disqualify the selection without cause by emailing the department at NeutralEvaluation@MyFloridaCFO.com within 3 business days after receipt of the notice of selection by email or facsimile, or within 6 business days after receipt if notice of selection is sent by U.S. mail or other means.

    (8) No change.

    The remainder of the rules reads as previously published.