Administrative Rules of the State of Montana

BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE

OFFICE OF THE MONTANA STATE AUDITOR

In the matter of the amendment of ARM 6.6.2102 pertaining to rates and premiums, and the repeal of ARM 6.6.2103 pertaining to payment or benefits

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NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On November 19, 2021, the Commissioner of Securities and Insurance, Office of the Montana State Auditor (CSI) published MAR Notice No. 6-266 pertaining to the proposed amendment and repeal of the above-stated rules at page 1573 of the 2021 Montana Administrative Register, Issue Number 22.

2. The CSI has amended the above-stated rule as proposed.

3. The CSI has repealed the above-stated rule as proposed.

4. The CSI has thoroughly considered the comments received. A summary of the comments received and CSI's responses are as follows:

COMMENT 1: One commenter stated that he was against the elimination of the prohibition against using sex or marital status as a basis for establishing insurance premium rates.

RESPONSE 1: The CSI's proposed rule changes do not propose the elimination of the prohibition. The prohibition was eliminated by the 67th Legislature's House Bill 379, which amended 49-2-309, MCA, effective January 1, 2022. The CSI's proposed rule changes bring the department's rules in line with the amended statute.

COMMENT 2: One commenter asked who is proposing this amendment and repeal of elements of ARM 6.6.2102 and 6.6.2103.

RESPONSE 2: The CSI is proposing the rule changes to bring its rules in line with the 67th Legislature's House Bill 379, which amended 49-2-309, MCA, effective January 1, 2022.

/s/ Richard E. Wootton /s/ Ole Olson

Richard E. Wootton Ole Olson

Rule Reviewer Chief Legal Counsel

Commissioner of Securities and Insurance, Office of the Montana State Auditor

Certified to the Secretary of State January 4, 2022.