North Carolina § 58-2-40 - Powers and duties of Commissioner.

§ 58-2-40. Powers and duties of Commissioner.

The Commissioner shall: See that all laws of this State that the Commissioner is responsible for administering and the provisions of this Chapter are faithfully executed; and to that end the Commissioner is authorized to adopt rules in accordance with Chapter 150B of the General Statutes, in order to enforce, carry out and make effective the provisions of those laws. The Commissioner is also authorized to adopt such further rules not contrary to those laws that will prevent persons subject to the Commissioner's regulatory authority from engaging in practices injurious to the public. Have the power and authority to fix and collect reasonable fees for services performed by Code-enforcement officials under G.S. 143-151.12(9)a. The Commissioner may also collect reimbursement, at the rate established under G.S. 138-6, for mileage costs incurred by Code-enforcement officials going to and from inspections conducted under G.S. 143-151.12(9)a. The Commissioner shall have no power or authority to fix or collect fees incurred by local inspection departments under G.S. 143-151.12(9)b. Have the power and authority to adopt rules pertaining to and governing the solicitation of proxies, including financial reporting in connection therewith, with respect to the capital stock or other equity securities of any domestic stock insurance company. Prescribe to the companies, associations, orders, or bureaus required by Articles 1 through 64 of this Chapter to report to the Commissioner, the necessary forms for the statements required. The Commissioner may change those forms from time to time when necessary to secure full information as to the standing, condition, and such other information desired of companies, associations, orders, or bureaus under the jurisdiction of the Department. Receive and thoroughly examine each financial statement required by Articles 1 through 64 of this Chapter. Report in detail to the Attorney General any violations of the laws relative to insurance companies, associations, orders and bureaus or the business of insurance; and the Commissioner may institute civil actions or criminal prosecutions either by the Attorney General or another attorney whom the Attorney General may select, for any violation of the provisions of Articles 1 through 64 of this Chapter. Upon a proper application by any citizen of this State, give a statement or synopsis of the provisions of any insurance contract offered or issued to the citizen. Administer, or the Commissioner's deputy may administer, all oaths required in the discharge of the Commissioner's official duty. Compile and make available to the public such lists of rates charged, including deviations, and such explanations of coverages that are provided by insurers for and in connection with contracts or policies of (i) insurance against loss to residential real property with not more than four housing units located in this State and any contents thereof or valuable interest therein and other insurance coverages written in connection with the sale of such property insurance and (ii) private passenger (nonfleet) motor vehicle liability, physical damage, theft, medical payments, uninsured motorists, and other insurance coverages written in connection with the sale of such insurance, as may be advisable to inform the public of insurance premium differentials and of the nature and types of coverages provided. The explanations of coverages provided for in this section must comply with the provisions of Article 38 of this Chapter. Repealed by Session Laws 2000, ch. 19, s. 3, effective on or after April 1, 1998. Repealed by Session Laws 2013-5, s. 1(b), effective March 6, 2013. History (1899, c. 54, s. 8; 1905, c. 430, s. 3; Rev., s. 4689; C.S., s. 6269; 1945, c. 383; 1947, c. 721; 1965, c. 127, s. 1; 1971, c. 757, s. 1; 1977, c. 376, s. 1; 1979, c. 755, s. 19; c. 881, s. 1; 1981, c. 846, s. 2; 1989, c. 485, s. 29; 1991, c. 644, s. 26; 1997-392, s. 3; 2000-19, s. 3; 2010-31, s. 24.2(a); 2013-5, s. 1(b); 2018-29, s. 2(d).) Cross References. - As to the Readable Insurance Policies Act, see G.S. 58-38-1 et seq. As to certain duties of Commissioner with regard to fire inspection and prevention, see Article 79 of this Chapter. As to Commissioner's duties with regard to the Firemen's Relief Fund, see Articles 84 to 88 of this Chapter. As to General Assembly's authority to define the State's level of interaction, if any, with the federally facilitated Health Benefit Exchange, see G.S. 143B-24(b) . Editor's Note. - Session Laws 2013-5, s. 1(d), provides: "The Department of Insurance and Department of Health and Human Services shall cease all expenditures funded by the following Exchange-related grants from the federal government: (i) Exchange Planning Grant and (ii) Level One Cooperative Agreement Establishment Grant. The Departments shall review all grant-related expenditures that preceded the effective date of this act and shall, to the extent possible, draw down grant funds sufficient to reimburse the State for any expenditures allowed under the grants. Up to eleven million dollars ($11,000,000) of funds from an Exchange-related grant that was awarded in 2013 are hereby appropriated to the Department of Insurance for fiscal year 2012-2013 to reimburse the State for expenses that are allowed under the grant for either of the following: "(1) Technology and personnel expenses that were incurred prior to the effective date of this act. "(2) Personnel expenses, if any, that (i) are associated with ceasing the expenditures funded by the Exchange-related grants and (ii) occurred after the effective date of this act. "The Department of Insurance shall notify the Secretary of the United States Department of Health and Human Services that the State will no longer be drawing down Exchange-related grant funds. It is not the intent of this section to impact any grant funding for premium review." This Act became effective March 6, 2010. Session Laws 2013-5, s. 3, provides: "The State will not expand the State's Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111-148, as amended, for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011-145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly." Session Laws 2017-167, s. 1(a)-(e), provides: "(a) Definitions. - 'Primary Personnel Rule' means 11 NCAC 05A .0504 (Primary Personnel) for purposes of this act and its implementation. "(b) Primary Personnel Rule. - Until the effective date of the revised permanent rule that the Department of Insurance is required to adopt pursuant to subsection (d) of this section, the Department shall implement the Primary Personnel Rule, as provided in subsection (c) of this section. "(c) Implementation. - The Department shall provide that for the purpose of satisfying certification inspection requirements, a fire department may apply to the Department for a waiver from the requirement that the department maintain 20 primary personnel in order to satisfy certification inspection requirements upon a showing satisfactory to the Department's Office of State Fire Marshall that the waiver is justified by the volume of calls received by the fire department and would not cause a significant deterioration in the response capability of the fire department. A waiver granted by the Department under this subsection shall not reduce the primary personnel requirement below 15. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Primary Personnel Rule consistent with subsection (c) of this section and may adopt temporary rules. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes." "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Session Laws 2018-29, s. 2(e), provides: "This section becomes effective August 1, 2018. The Commissioner of Insurance shall adopt temporary rules to implement this section. The Commissioner of Insurance shall adopt permanent rules to implement this section no later than August 1, 2019. Until the Commissioner of Insurance adopts permanent rules, the Commissioner may charge a fee not to exceed thirty dollars ($30.00) per hour for inspections requested by a permit holder under G.S. 143-139.4 as enacted by this section. No temporary or permanent rule adopted by the Commissioner pursuant to this section shall authorize the Commissioner to include the travel time of a Code-enforcement official going to and from an inspection conducted under G.S. 143-151.12(9) a. in the hourly rate calculation." Session Laws 2019-179, s. 4(e), provides: "The Commissioner may adopt temporary rules to implement this section." Session Laws 2019-202, s. 6, provides: "The Department of Insurance shall have the power to adopt temporary rules necessary to implement the provisions of this act." Session Laws 2019-202, s. 7(a), (b), provides: "(a) The Department of Insurance shall conduct a study on the feasibility of submitting a 1332 waiver request to the federal Department of Health and Human Services with the goal of allowing (i) working owners and (ii) employers who have a principal place of business that does not exceed the boundaries of the State or a metropolitan area that is at least partially within the State (even if the metropolitan area includes portions of other states) to participate in a group health plan that is subject to large group market insurance requirements. The Department shall report on its findings, including any recommended legislation, to the Joint Legislative Oversight Committee on Health and Human Services no later than 90 days from the effective date of this section. "(b) This section becomes effective only when a final judicial order is issued striking down the United States Department of Labor rules at issue in State of New York, et al., v. U.S. Department of Labor, et al., 19-5152, which is being heard by the United States Court of Appeals for the District of Columbia Circuit." Effect of Amendments. - Session Laws 2010-31, s. 24.2(a), effective July 1, 2010, added subdivision (10). Session Laws 2013-5, s. 1.(b), effective March 6, 2013, deleted subdivision (10), which read: "Administer and enforce the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) to the extent that the provisions apply to persons subject to the Commissioner's jurisdiction and to the extent that the provisions are not under the exclusive jurisdiction of any federal agency." Session Laws 2018-29, s. 2(d), added subdivision (1a). For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980). For article discussing limitations on ad hoc adjudicatory rulemaking by an administrative agency, see 61 N.C.L. Rev. 67 (1982).