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ROBERT L. EHRLICH, JR., Governor Ch. 508
B. BEFORE A COMMISSIONER MAY BRING AN ACTION FOR VIOLATION
OF ANY PROVISION, STANDARD, OR REQUIREMENT OF THE COMPACT RELATING TO
THE CONTENT OF AN ADVERTISEMENT NOT APPROVED BY OR CERTIFIED TO THE
COMMISSION, THE COMMISSION, OR AN AUTHORIZED COMMISSION OFFICER OR
EMPLOYEE, MUST AUTHORIZE THE ACTION. HOWEVER, AUTHORIZATION PURSUANT
TO THIS PARAGRAPH DOES NOT REQUIRE NOTICE TO THE INSURER, OPPORTUNITY
FOR A HEARING, DISCLOSURE OF REQUESTS FOR AUTHORIZATION, OR DISCLOSURE
OF RECORDS OF THE COMMISSION'S ACTION ON SUCH REQUESTS.
ARTICLE DC. DISPUTE RESOLUTION.
THE COMMISSION SHALL ATTEMPT, ON THE REQUEST OF A MEMBER, TO
RESOLVE ANY DISPUTES OR OTHER ISSUES THAT ARE SUBJECT TO THIS COMPACT
AND WHICH MAY ARISE BETWEEN TWO OR MORE COMPACTING STATES, OR
BETWEEN COMPACTING STATES AND NON-COMPACTING STATES, AND THE
COMMISSION SHALL PROMULGATE AN OPERATING PROCEDURE PROVIDING FOR
RESOLUTION OF SUCH DISPUTES.
ARTICLE X. PRODUCT FILING AND APPROVAL.
1. INSURERS AND THIRD-PARTY FILERS SEEKING TO HAVE A PRODUCT
APPROVED BY THE COMMISSION SHALL FILE THE PRODUCT WITH, AND PAY
APPLICABLE FILING FEES TO, THE COMMISSION. NOTHING IN THIS COMPACT SHALL
BE CONSTRUED TO RESTRICT OR OTHERWISE PREVENT AN INSURER FROM FILING
ITS PRODUCT WITH THE INSURANCE DEPARTMENT IN ANY STATE IN WHICH THE
INSURER IS LICENSED TO CONDUCT THE BUSINESS OF INSURANCE, AND SUCH
FILING SHALL BE SUBJECT TO THE LAWS OF THE STATES WHERE FILED.
2. THE COMMISSION SHALL ESTABLISH APPROPRIATE FILING AND REVIEW
PROCESSES AND PROCEDURES PURSUANT TO COMMISSION RULES AND OPERATING
PROCEDURES. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, THE
COMMISSION SHALL PROMULGATE RULES TO ESTABLISH CONDITIONS AND
PROCEDURES UNDER WHICH THE COMMISSION WILL PROVIDE PUBLIC ACCESS TO
PRODUCT FILING INFORMATION. IN ESTABLISHING SUCH RULES, THE COMMISSION
SHALL CONSIDER THE INTERESTS OF THE PUBLIC IN HAVING ACCESS TO SUCH
INFORMATION, AS WELL AS THE PROTECTION OF PERSONAL MEDICAL AND
FINANCIAL INFORMATION AND TRADE SECRETS THAT MAY BE CONTAINED IN A
PRODUCT FILING OR SUPPORTING INFORMATION.
3. ANY PRODUCT APPROVED BY THE COMMISSION MAY BE SOLD OR
OTHERWISE ISSUED IN THOSE COMPACTING STATES FOR WHICH THE INSURER IS
LEGALLY AUTHORIZED TO DO BUSINESS.
ARTICLE XI. REVIEW OF COMMISSION DECISIONS REGARDING FILINGS.
1. NOT LATER THAN 30 DAYS AFTER THE COMMISSION HAS GIVEN NOTICE
OF A DISAPPROVED PRODUCT OR ADVERTISEMENT FILED WITH THE COMMISSION,
THE INSURER OR THIRD-PARTY FILER WHOSE FILING WAS DISAPPROVED MAY
APPEAL THE DETERMINATION TO A REVIEW PANEL APPOINTED BY THE
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