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

(b)  The commissioner may determine thefrequency and timing of such market conduct actions.  The timing shall dependupon the specific market conduct action to be initiated, unless extraordinarycircumstances indicating a risk to consumers require immediate action.

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

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