Florida Office of Insurance Regulation Hearing on Repeal of Arbitration Rules to be Scheduled February 27, 2012, if Requested
Jan 20, 2012
A Notice of Proposed Rulemaking has been submitted for publication for the purpose of repealing numerous Rules related to the arbitration of rate filing disputes.
Section 627.062(6), Florida Statutes had previously granted insurers the right to arbitrate rate filing disputes with the Florida Office of Insurance Regulation (“OIR”). The section also gave the Florida Financial Services Commission the authority to adopt the below referenced rules regarding the arbitration of rate filings.
However, Section 627.062(6), F.S. has since been amended to remove the arbitration provisions. Therefore, the Rules are no longer relevant and the OIR has commenced the process to completely repeal them.
If requested in writing within 21 days of publication of the attached notice, a Rule Hearing will be held on February 27, 2012 at 10:30 a.m. at the OIR, 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida.
A list of the Rules that are proposed for repeal are provided below.
RULE NUMBER: 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 Hearing 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
Should you have any questions or comments, please contact Colodny Fass.
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