Section 280-RICR-30-10-3.3 - Administration of ProgramA. Program Administration 1. General a. The program shall be administered by the Division of Motor Vehicles with the assistance of the designated agent.2. Program Funding a. The program will be funded by allocating to the designated agent a percentage of the reinstatement fee collected pursuant to R.I. Gen. Laws Chapter 31-47.4. These fees will be maintained in the uninsured motorist identification restricted account.3. Designated Agent a. The Division of Motor Vehicles shall contract with a third party (hereafter the "designated agent') to establish and maintain an Uninsured Motorist Identification Database for the purposes established under R.I. Gen. Laws Chapter 31-47.4.4. Database a. The 'designated agent' shall develop and maintain a computer database in accordance with guidelines established by the Division of Motor Vehicles, from the information provided by automobile liability insurers under R.I. Gen. Laws § 31-47.4-3 and the Division of Motor Vehicles.B. Transmission of Information to Database by Insurer 1. Duties of Insurer a. Each insurer that issues a policy that includes motor vehicle liability coverage in Rhode Island shall, on the frequency set forth in R.I. Gen. Laws § 31-47.4-3, submit to the designated agent Book of Business (BOB) data containing a record of each motor vehicle insurance policy in effect for vehicles registered in Rhode Island.2. Contents of Records a. A record provided by an insurer shall include: Make, year and Vehicle Identification Number of each insured vehicle; the policy number, effective date, and expiration date of each policy; and the name, date of birth, and if available, driver's license number of each insured owner, and the address of the named insured.3. Method of Transmission a. Transmission of information from the insurer to the designated agent shall be accomplished via File Transfer Protocol (FTP) with Pretty Good Privacy (PGP) compatible encryption as recommended by the Insurance Industry Committee on Motor Vehicle Administration (IICMVA).b. Small Insurers (1) Smaller insurers providing coverage for less than fifty (50) private passenger vehicles may perform a one-time entry of all policies via the designated agent's website. Policy additions, updates, modifications, cancellations or non-renewals may also be transmitted in the same manner.4. Non-Compliance of Insurer a. Should the Administrator learn of any information that brings into question an insurer's compliance with R.I. Gen. Laws Chapter 31-47.4 or these regulations, upon a belief that sufficient evidence exists the administrator shall issue a notice of hearing to the insurer. (1) Hearing - Hearings shall be conducted in accordance with R.I. Gen. Laws Chapter 42-35, "The Administrative Procedures Act," and Subchapter 00 Part 1 of this Chapter.(2) Decision - Should the hearing officer determine after hearing that the insurer is in non-compliance the Division of Motor Vehicles may assess a fine against an insurer of up to the amount authorized in R.I. Gen. Laws § 31-47.4-3 for each day the insurer fails to comply with this section. The fine may be excused if an insurer shows that the failure to comply with this section was inadvertent, accidental or the result of excusable neglect.280 R.I. Code R. § 280-RICR-30-10-3.3
Adopted effective 12/31/2018