NDAC 45-06-05-07
Discretionary powers of commissioner
Cite as N.D. Admin. Code ยง 45-06-05-07
The commissioner may, upon written request and after an administrative hearing, issue an order to
modify or suspend a specific provision or provision of this chapter with respect to a specific long-term
care insurance policy or certificate upon a written finding that:
1.
The modification or suspension would be in the best interest of the insureds; and
2.
The purposes to be achieved could not be effectively or efficiently achieved without the
modification or suspension; and
a.
The modification or suspension is necessary to the development of an innovative and
reasonable approach for insuring long-term care;
b.
The policy or certificate is to be issued to residents of a life care or continuing care
retirement community or some other residential community for the elderly and the
modification or suspension is reasonably related to the special needs or nature of such a
community; or
c.
The modification or suspension is necessary to permit long-term care insurance to be
sold as part of, or in conjunction with, another insurance product.