(1) The commissioner has the authority expressly
conferred upon him or her by or reasonably implied from the
provisions of this code.
(2) The commissioner shall execute his or her duties and
shall enforce the provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules for effectuating any provision of
this code, except those relating to his or her election,
qualifications, or compensation. Rules are not effective prior
to their being filed for public inspection in the commissioner's
office.
(b) Conduct investigations to determine whether any person
has violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in
addition to those specifically provided for, useful and proper
for the efficient administration of any provision of this code.
(4) When the governor proclaims a state of emergency under
RCW 43.06.010(12), the commissioner may issue an order that
addresses any or all of the following matters related to
insurance policies issued in this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and
performance of other duties by insureds;
(c) Temporary postponement of cancellations and renewals;
and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of
this section may remain effective for not more than sixty days
unless the commissioner extends the termination date for the
order for an additional period of not more than thirty days. The
commissioner may extend the order if, in the commissioner's
judgment, the circumstances warrant an extension. An order of
the commissioner under subsection (4) of this section is not
effective after the related state of emergency is terminated by
proclamation of the governor under RCW 43.06.210. The order must
specify, by line of insurance:
(a) The geographic areas in which the order applies, which
must be within but may be less extensive than the geographic area
specified in the governor's proclamation of a state of emergency
and must be specific according to an appropriate means of
delineation, such as the United States postal service zip codes
or other appropriate means; and
(b) The date on which the order becomes effective and the
date on which the order terminates.
(6) The commissioner may adopt rules that establish general
criteria for orders issued under subsection (4) of this section
and may adopt emergency rules applicable to a specific
proclamation of a state of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of
this section does not limit or affect the rule-making authority
otherwise granted to the commissioner by law.
[2009 c 335 § 1; 1947 c 79 § .02.06; Rem. Supp. 1947 § 45.02.06.]