PROPOSED RULES
INSURANCE COMMISSIONER
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-14-033.
Title of Rule: Holocaust: Extending "reasonable time" under RCW 48.104.090.
Purpose: Extend the definition of "reasonable time" under RCW 48.104.090.
Statutory Authority for Adoption: RCW 48.104.090, 48.104.120, 48.02.060.
Statute Being Implemented: RCW 48.104.090.
Summary: The law establishes that a "reasonable time" for certain purposes is a date stated, or a later date established by the commissioner by rule. This rule will extend the "reasonable time" to June 30, 2001. If it seems appropriate, the rule could be amended in the future to establish a later date.
Reasons Supporting Proposal: Activity is continuing, and the commissioner believes it is appropriate to extend the time as contemplated by the statute.
Name of Agency Personnel Responsible for Drafting: G. W. Taylor, P.O. Box 40256, Lacey, WA 98504, (360) 407-0729; Implementation and Enforcement: Danny Kadden, P.O. Box 40255, Olympia, WA 98504, (360) 664-3790.
Name of Proponent: Office of Insurance Commissioner, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The law establishes that a "reasonable time" for certain purposes is a date stated, or a later date established by the commissioner by rule. This rule will extend the "reasonable time" to June 30, 2001. That will permit the commissioner to suspend the application of the Holocaust Victims Insurance Relief Act as to certain insurers if she deems that appropriate. If it seems appropriate, the rule could be amended in the future to establish a later date.
The law references the work of the international commission ("International Commission on Holocaust Era Insurance Claims, 'ICHEIC'"). The commissioner will therefore hear testimony regarding the status of the ICHEIC process, as well as the cooperation of the insurance companies participating in that process.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no economic impact.
Hearing Location: Fidalgo Room in Northwest Rooms at Seattle Center, Seattle, Washington, on November 13, 2000, at 1:00.
Assistance for Persons with Disabilities: Contact Lori Villarlores [Lorie Villaflores] by November 10, 2000.
Submit Written Comments to: Kacy Brandeberry, P.O. Box 40255, Olympia, WA 98504-0255, fax (360) 664-2782, e-mail Kacy@oic.wa.gov, by November 10, 2000.
Date of Intended Adoption: November 20, 2000.
October 4, 2000
D. J. Patin
Deputy Insurance Commissioner
OTS-4456.1
NEW SECTION
WAC 284-16-020
Reasonable time.
For purposes of the last sentence of RCW 48.104.090, a "reasonable time" is June 30, 2001.
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