20-1018. Advertising matter or sales materials
A prepaid dental plan organization shall not issue or deliver any
advertising matter or sales material to any person in this state until the
prepaid dental plan organization files the advertising matter or sales material
with the director. This section does not require a prepaid dental plan to have
the prior approval of the director to issue or deliver the advertising matter or
sale material. If the director finds that the advertising matter or sales
material, in whole or in part, is false, deceptive or misleading, the director
may issue an order disapproving the advertising matter or sales material,
directing the prepaid dental plan organization to cease and desist from issuing,
circulating, displaying or using the advertising matter or sales material within
a period of time specified by the director but not less than ten days and
imposing any penalties prescribed in this title. At least five days before
issuing an order pursuant to this section, the director shall provide the prepaid
dental plan organization with a written notice of the basis of the order to
provide the prepaid dental plan organization with an opportunity to cure the
alleged deficiency in the advertising matter or sales material within a single
five day period for the particular advertising matter or sales material at issue.
The prepaid dental plan organization may appeal the director's order pursuant to
title 41, chapter 6, article 10. Except as otherwise provided in this section, a
prepaid dental plan organization may obtain a stay of the effectiveness of the
order as prescribed in section 20-162. If the director certifies in the order and
provides a detailed explanation of the reasons in support of the certification
that continued use of the advertising matter or sales material poses a threat to
the health, safety or welfare of the public, the order may be entered immediately
without opportunity for cure and the effectiveness of the order is not stayed
pending the hearing on the notice of appeal but the hearing shall be promptly
instituted and determined.
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