[§431:2D-105]  Protocols for market conduct
actions.  (a)  Market conduct actions taken as a result of a market
analysis shall focus on the general business practices and compliance
activities of insurers, rather than identifying infrequent or unintentional
random errors that do not cause consumer harm.



(b)  The commissioner may determine the
frequency and timing of such market conduct actions.  The timing shall depend
upon the specific market conduct action to be initiated, unless extraordinary
circumstances indicating a risk to consumers require immediate action.



If the commissioner has information that more
than one insurer is engaged in common practices that may violate the law, the
commissioner may schedule and coordinate multiple examinations simultaneously.



(c)  The insurer shall be notified of any
practice or procedure which is to be the subject of a market conduct action and
shall be given an opportunity to resolve such matters that arise as a result of
a market analysis to the satisfaction of the commissioner before any additional
market conduct actions are taken against the insurer.  If the insurer has
modified the practice or procedure as a result of a market conduct action taken
by the insurance commissioner of another state, the commissioner shall accept
appropriate documentation that the insurer has satisfactorily modified the
practice or procedure and made similar modification to such practice or
procedure in this State. [L 2007, c 227, pt of §1]