(1) If a network seeks reduction or elimination of a requirement of Title 33, chapter 31, MCA, regarding its operation in this state, the network must take the following steps:

(a) The network must submit a written request to the commissioner in which the network:

(i) states the specific requirement in Title 33, chapter 31, MCA, regarding whether it wants a reduction or an elimination; and

(ii) explains why the requirement is unnecessary for its operation in a rural area or because of federal requirements for prepaid health plans.

(2) In evaluating the request of a network for a reduction or an elimination of a requirement, the commissioner:

(a) must have reasonable assurance that the reduction or elimination of the requirement will not result in harm to the public;

(b) may make reasonable requests for additional information from the network necessary to evaluate the network's request; and

(c) may obtain relevant information from other sources deemed to be useful.

(3) Within 60 days after submission of the request, the commissioner shall either deny the request in writing (stating his reasons for the denial) or shall initiate rulemaking proceedings regarding the elimination or reduction in accordance with 2-4-302 through 2-4-305 , MCA.