2.__Rule-making procedure.__Rules and operating procedures must be made pursuant to a rule-making process that conforms to the Model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the operations of the commission.__ Before the commission adopts a uniform standard, the commission shall give written notice to the relevant state legislative committee in each compacting state responsible for insurance issues of its intention to adopt the uniform standard.__The commission in adopting a uniform standard shall consider fully all submitted materials and issue a concise explanation of its decision.

3.__Effective date and opting out of uniform standard.__A uniform standard becomes effective 90 days after its promulgation by the commission or such later date as the commission may determine.__A compacting state may opt out of a uniform standard as provided in subsection 4.__"Opt out" means any action by a compacting state to decline to adopt or participate in a promulgated uniform standard.__All other rules and operating procedures, and amendments thereto, become effective as of the date specified in each rule, operating procedure or amendment.

4.__Procedure for opting out.__A compacting state may opt out of a uniform standard either by legislation or regulation duly promulgated by the insurance department under the compacting state's administrative procedure act.__If a compacting state elects to opt out of a uniform standard by regulation, it must give written notice to the commission no later than 10 business days after the uniform standard is promulgated, or at the time the state becomes a compacting state, and must find that the uniform standard does not provide reasonable protections to the citizens of the state, given the conditions in the state.__The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state that warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the state.__The commissioner must consider and balance the following factors and find that the conditions in the state and needs of the citizens of the state outweigh:

A.__The intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national