LD 1698
pg. 15
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LR 2485
Item 1

 
otherwise exempt from disclosure, and may enter into agreements
with such agencies to receive or exchange information or records
subject to nondisclosure and confidentiality provisions.

 
2.__Laws pertaining to confidentiality or nondisclosure.__
Except as to privileged records, data and information, the laws
of any compacting state pertaining to confidentiality or
nondisclosure do not relieve any compacting state commissioner of
the duty to disclose any relevant records, data or information to
the commission.__Disclosure to the commission may not be
considered to waive or otherwise affect any confidentiality
requirement.__Except as otherwise expressly provided in this
chapter, the commission is not subject to the compacting state's
laws pertaining to confidentiality and nondisclosure with respect
to records, data and information in its possession.__Confidential
information of the commission remains confidential after such
information is provided to any commissioner.

 
3.__Compliance.__The commission shall monitor compacting
states for compliance with duly adopted bylaws, rules, including
uniform standards, and operating procedures.__The commission
shall notify any noncomplying compacting state in writing of its
noncompliance with commission bylaws, rules or operating
procedures.__If a noncomplying compacting state fails to remedy
its noncompliance within the time specified in the notice of
noncompliance, the compacting state is in default as set forth in
section 2485.

 
4.__Commissioner's authority to oversee market regulation.__
The commissioner of any state in which an insurer is authorized
to do business or is conducting the business of insurance shall
continue to exercise the commissioner's authority to oversee the
market regulation of the activities of the insurer in accordance
with the provisions of the state's law. The commissioner's
enforcement of compliance with the compact is governed by the
following provisions.

 
A.__With respect to the commissioner's market regulation of
a product or advertisement that is approved by or certified
to the commission, the content of the product or
advertisement does not constitute a violation of the
provisions, standards or requirements of the compact except
upon a final order of the commission issued at the request
of a commissioner after prior notice to the insurer and an
opportunity for hearing before the commission.

 
B.__Before a commissioner may bring an action for violation of
any provision, standard or requirement of the compact relating to
the content of an advertisement not approved by or certified to
the commission, the commission, or an


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