There is no longer statutory authority for Rules 69O-170.101, .103, .105, .107, .109, .111. 113, .115, .117, .119,.121, .123, .126, .127, 129, .131, .133, .135, .137, F.A.C., and therefore this action will completely repeal the rules.

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO.: RULE TITLE:
69O-170.101: Title, Scope, Application, and Purpose
69O-170.103: Demand for Arbitration and Response
69O-170.105: Costs, Expenses and Fees of the Arbitration
69O-170.107: Procedure for Arbitration
69O-170.109: Selection of the Arbitration Panel
69O-170.111: Scope of the Evidence in a Rate Filing Arbitration
69O-170.113: Computation of Time; Service by Mail
69O-170.115: Filing and Service of Papers; Signing
69O-170.117: Discovery
69O-170.119: Subpoenas and Witnesses; Fees
69O-170.121: Official Recognition of Facts
69O-170.123: Motion Hearings by Telephone
69O-170.126: Pre-hearing Conference; Pre-hearing Stipulation
69O-170.127: Notice of Final Hearing; Scheduling
69O-170.129: Conduct of Proceedings
69O-170.131: Conduct of Formal Hearing; Evidence
69O-170.133: Post-hearing Memorandum
69O-170.135: Final Decision and Award
69O-170.137: Related Laws and Rules
PURPOSE AND EFFECT: There is no longer statutory authority for Rules 69O-170.101, .103, .105, .107, .109, .111. 113, .115, .117, .119,.121, .123, .126, .127, 129, .131, .133, .135, .137, F.A.C., and therefore this action will completely repeal the rules.
SUMMARY: Section 627.062(6), Florida Statutes, granted insurers the right to arbitrate rate filing disputes with the Office. The section gave the FSC authority to adopt the above referenced rules regarding arbitration of rate filings. Section 627.062(6), Florida Statutes, has been amended to remove the provision for arbitration. Therefore these rules are no longer relevant, nor does the Office any longer have authority for such rules. Consequently, these rules need to be repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Agency personnel familiar with the subject matter of the rule repeal have performed an economic analysis of the rule repeal that shows that the rule repeal is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 627.062(6) FS.
LAW IMPLEMENTED: 627.062 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 27, 2012, 10:30 a.m.
PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Debra Seymour, Office of Insurance Regulation, E-mail [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Debra Seymour, Office of Insurance Regulation, E-mail [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69O-170.101 Title, Scope, Application, and Purpose.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.101, Repealed________.

 

69O-170.103 Demand for Arbitration and Response.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.103, Repealed________.

 

69O-170.105 Costs, Expenses and Fees of the Arbitration.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.105, Repealed________.

 

69O-170.107 Procedure for Arbitration.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.107, Repealed________.

 

69O-170.109 Selection of the Arbitration Panel.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.109, Repealed________.

 

69O-170.111 Scope of the Evidence in a Rate Filing Arbitration.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.111, Repealed________.

 

69O-170.113 Computation of Time; Service by Mail.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.113, Repealed________.

 

69O-170.115 Filing and Service of Papers; Signing.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.115, Repealed________.

 

69O-170.117 Discovery.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.117, Repealed________.

 

69O-170.119 Subpoenas and Witnesses; Fees.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.119, Repealed________.

 

69O-170.121 Official Recognition of Facts.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.121, Repealed________.

 

69O-170.123 Motion Hearings by Telephone.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.123, Repealed________.

 

69O-170.126 Pre-hearing Conference; Pre-hearing Stipulation.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.126, Repealed________..

 

69O-170.127 Notice of Final Hearing; Scheduling.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.127, Repealed________.

 

69O-170.129 Conduct of Proceedings.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.129, Repealed________.

 

69O-170.131 Conduct of Formal Hearing; Evidence.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.131, Repealed________.

 

69O-170.133 Post-hearing Memorandum.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.133, Repealed________.

 

69O-170.135 Final Decision and Award.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.135, Repealed________.

 

69O-170.137 Related Laws and Rules.

Rulemaking Specific Authority 627.062(6) FS. Law Implemented 627.062 FS. History–New 8-31-97, Formerly 4-170.137, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Debra Seymour, Office of Insurance Regulation, E-mail [e-mail]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2011