Current through September 17, 2024
Section 210-56-018 - Exemptions and effective dates018.01 Upon written application of any Insurer, the Director may grant an exemption from compliance with any and all provisions of this Rule if the Director finds, upon review of the application, that compliance with this Rule would constitute a financial or organizational hardship upon the Insurer. An exemption may be granted at any time and from time to time for a specified period or periods. Within ten (10) days from a denial of an Insurer's written request for an exemption from this Rule, such Insurer may request in writing a hearing on its application for an exemption. Such hearing shall be held in accordance with the Nebraska Administrative Procedure Act, Neb. Rev. Stat. § 84-901 et. seq. and Title 210, Nebraska Administrative Code, Chapter 26.018.02 Domestic Insurers retaining a certified public accountant on the effective date of this Rule who qualify as independent shall comply with this Rule for the year ending December 31, 2009 and each year thereafter unless the Director permits otherwise.018.03 Domestic Insurers not retaining a certified public accountant on the effective date of this Rule who qualifies as independent may meet the following schedule for compliance unless the Director permits otherwise.018.03(a) As of December 31, 2009, file with the Director an Audited financial report.018.03(b) For the year ending December 31, 2009 and each year thereafter, such Insurers shall file with the Director all reports and communication required by this Rule.018.04 Foreign Insurers shall comply with this Rule for the year ending December 31, 2009 and each year thereafter, unless the Director permits otherwise.018.05 The requirements of Section 007.04 shall be in effect for audits of the year beginning January 1, 2010 and thereafter.018.06 The requirements of Section 014 are to be in effect January 1, 2010. An Insurer or Group of insurers that is not required to have independent Audit committee members or only a majority of independent Audit committee members (as opposed to a supermajority) because the total written and assumed premium is below the threshold and subsequently becomes subject to one of the independence requirements due to changes in premium shall have one (1) year following the year the threshold is exceeded (but not earlier than January 1, 2010) to comply with the independence requirements. Likewise, an Insurer that becomes subject to one of the independence requirements as a result of a business combination shall have one (1) calendar year following the date of acquisition or combination to comply with the independence requirements.018.07 The requirements of Section 017 and other modified sections, except for Section 014 covered above, are effective beginning with the reporting period ending December 31, 2010 and each year thereafter. An Insurer or Group of insurers that is not required to file a report because the total written premium is below the threshold and subsequently becomes subject to the reporting requirements shall have two (2) years following the year the threshold is exceeded (but not earlier than December 31, 2010) to file a report. Likewise, an Insurer acquired in a business combination shall have two (2) calendar years following the date of acquisition or combination to comply with the reporting requirements.018.08 The requirements of Section 015 are to be in effect January 1, 2018. If an insurer or Group of insurers that is exempt from Section 015 requirements no longer qualifies for that exemption, it shall have one year after the year the threshold is exceeded to comply with the requirements of this article.210 Neb. Admin. Code, ch. 56, § 018