Connecticut Administrative Code

Regulations of Connecticut State AgenciesSec. 38a-8-45—38a-8-46. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-47. General provisions(a) The Commissioner shall hold a hearing on any application or petition where required by law and may in his or her discretion hold a hearing on any application or petition presented to the Commissioner wh…

Regulations of Connecticut State AgenciesSec. 38a-8-48. Party and intervenor status(a) In issuing the notice of hearing, the Commissioner shall designate as parties those persons known to the Commissioner whose legal rights, duties or privileges are being determined. All other pe…

Regulations of Connecticut State AgenciesSec. 38a-8-49. Petition to be designated a party or intervenorThe petition to be designated a party or intervenor as required by section 38a-8-48 of the Regulations of Connecticut State Agencies shall include the following: (1) the petitio…

Regulations of Connecticut State AgenciesSec. 38a-8-5. Public informationThe policy of the Insurance Department, in accordance with the Freedom of Information Act, chapter 14 of the Connecticut General Statutes, is to make available for public inspection all files, records, and d…

Regulations of Connecticut State AgenciesSec. 38a-8-50. (Repealed) Repealed February 1, 2001. AUTHORITY: Conn. Gen. Stat. § 38a-8 AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-51. Procedure concerning added parties(a) Notice of designation. In the event that the Commissioner grants any petitioner status as a party or intervenor after service of the initial notice of hearing in a contested case, the Co…

Regulations of Connecticut State AgenciesSec. 38a-8-52. Hearing procedure(a) Order of presentation. In hearings on petitions, the party that shall open and close the presentation of any part of the matter shall be the petitioner. In a case where the direct testimony has already b…

Regulations of Connecticut State AgenciesSec. 38a-8-53. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8 AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-54. GeneralIn addition to the general provisions of this article governing hearings, the following special provisions shall apply to all proceedings instituted by the Commissioner for the revocation or suspension of any license,…

Regulations of Connecticut State AgenciesSec. 38a-8-55. Hearings — licenses, finesExcept as provided in section 38a-8-56 of the Regulations of Connecticut State Agencies or any provision of the Connecticut General Statutes, no license may be revoked or suspended nor any fine impo…

Regulations of Connecticut State AgenciesSec. 38a-8-56. Suspension pending proceedingsIf the Commissioner finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his or her order, summary suspension of a…

Regulations of Connecticut State AgenciesSec. 38a-8-57. Hearings — unfair practicesProceedings instituted by the Commissioner alleging unfair practices under sections 38a-815 to 38a-819, inclusive, of the Connecticut General Statutes and Regulations promulgated thereunder shall b…

Regulations of Connecticut State AgenciesSec. 38a-8-58. Intervention — unfair practices proceedingThe Commissioner shall permit any person to intervene in any proceeding under sections 38a-817 and 38a-818 of the Connecticut General Statutes in accordance with section 38a-8-49 of …

Regulations of Connecticut State AgenciesSec. 38a-8-59. Notice — timeUnless a greater or lesser time is required by statute or regulation with regard to any proceeding subject to this section, notice shall be given to the respondent at least thirty (30) days prior to a hearing. (…

Regulations of Connecticut State AgenciesSec. 38a-8-6. Insurance department bulletinsAny person or group may file a request with the Commissioner to be placed on a mailing list to receive Insurance Department Bulletins. Such request shall be in effect only for the calendar year i…

Regulations of Connecticut State AgenciesSec. 38a-8-60. Complaint(a) Complaint issuance. All enforcement proceedings instituted by the Commissioner for the revocation or suspension of any license or imposition of a fine, or both, shall be initiated by serving on each respondent a…

Regulations of Connecticut State AgenciesSec. 38a-8-61. Answer(a) Form, content, affirmative defenses. The respondent in any enforcement proceeding shall file an answer to the complaint with the Commissioner no later than twenty (20) days after service of the complaint. An answer…

Regulations of Connecticut State AgenciesSec. 38a-8-62. Default decisionsThe Commissioner or presiding officer may issue a default decision against a respondent that fails to answer the complaint within the time afforded under section 38a-8-61 of the Regulations of Connecticut St…

Regulations of Connecticut State AgenciesSec. 38a-8-63. Reopened hearingA respondent may, for good cause shown, file a motion to set aside a decision rendered by default no later than sixty (60) days of the entry thereof. If a default was entered for failure of the respondent to …

Regulations of Connecticut State AgenciesSec. 38a-8-64. Conduct of enforcement hearing(a) Unless modified by the Commissioner or the presiding officer, the order of proof in enforcement proceedings shall be as follows: (1) evidence of the violations alleged;(2) cross-examination …

Regulations of Connecticut State AgenciesSec. 38a-8-65. Jurisdictional objectionsAfter procceedings have commenced in a contested case, objections to the jurisdiction of the Insurance Department may be made to the Commissioner at any time prior to the final decision. (Effective S…

Regulations of Connecticut State AgenciesSec. 38a-8-66. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8 AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-67. Appeals under Sections 38a-329 and 38a-328-14(a) General. This section and section 38a-8-68 of the Regulations of Connecticut State Agencies set forth the procedure to be followed in the disposition of appeals to the Commiss…

Regulations of Connecticut State AgenciesSec. 38a-8-68. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8 AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-69. FormThe Commissioner will accept informal complaints alleging violations of title 38a of the Connecticut General Statutes or the regulations promulgated thereunder from any person. Although no form of informal complaint is r…

Regulations of Connecticut State AgenciesSec. 38a-8-7. Procedure governedSection 38a-8-7 to section 38a-8-75, inclusive, of the Regulations of Connecticut State Agencies govern practice and procedure before the Insurance Commissioner or any division of the Insurance Department, a…

Regulations of Connecticut State AgenciesSec. 38a-8-70. Disposition of informal complaintsWhere the Commissioner, in his or her discretion, determines that an informal complaint alleges a violation of title 38a of the Connecticut General Statutes or regulations promulgated thereu…

Regulations of Connecticut State AgenciesSec. 38a-8-71. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8 AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-72. Notice of intent to adopt regulationsPrior to the adoption of any regulation, the Commissioner shall give such notice as is required by section 4-168 of the Connecticut General Statutes or other applicable statutes. (Effecti…

Regulations of Connecticut State AgenciesSec. 38a-8-73. Request for paper copy advance notice of regulation adoption proceedings(a) Filing and form. Any person or group may file a request with the Commissioner for advance notice of regulation adoption proceedings. The request sha…

Regulations of Connecticut State AgenciesSec. 38a-8-74. Submission of data, views, and argumentAll interested persons may submit data, views, and arguments in writing to the Commissioner not more than thirty (30) days after notice of intent to adopt the regulation has been publis…

Regulations of Connecticut State AgenciesSec. 38a-8-75. Availability of regulationsAll the regulations and currently pending proposed regulations of the Commissioner shall be available for inspection during normal business hours at the Commissioner's principal office. Copies of a…

Regulations of Connecticut State AgenciesSec. 38a-8-76. Personal data(a) DefinitionsThe following definitions shall apply to this section:(1) \"Other data\" means any information, other than personal data, which because of name, identification number, mark or description can be r…

Regulations of Connecticut State AgenciesSec. 38a-8-77—38a-8-100. Reserved AUTHORITY: Conn. Gen. Stat. § 38a-8

Regulations of Connecticut State AgenciesSec. 38a-8-8. Definitions(a) As used in section 38a-8-1 to section 38a-8-75, inclusive, of the Regulations of Connecticut State Agencies, the following words and phrases shall have the same definitions as those contained in chapter 54 of t…

Regulations of Connecticut State AgenciesSec. 38a-8-9. Waiver of rulesWhere good cause appears, the Commissioner or any presiding officer may permit deviation from the rules of practice, except where precluded by law. (Effective September 25, 1992; Amended February 1, 2001) AUTHO…

Regulations of Connecticut State AgenciesSec. 38a-819-1. PurposeThe purpose of these regulations is to assure truthful and adequate disclosure of all material and relevant information in the advertising of accident and sickness insurance. This purpose is intended to be accomplish…

Regulations of Connecticut State AgenciesSec. 38a-819-10. Use of statisticsA. An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any insurer or policy shall not use irrelevant facts and sha…

Regulations of Connecticut State AgenciesSec. 38a-819-11. Identification of plan or number of policiesA. When a choice of the amount of benefits is referred to, an advertisement which is an invitation to contract shall disclose that the amount of benefits provided depends upon th…

Regulations of Connecticut State AgenciesSec. 38a-819-12. Disparaging comparisons and statementsAn advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of non-comparable policies of other insurers and shall no…

Regulations of Connecticut State AgenciesSec. 38a-819-13. Jurisdictional licensing and status of insurerA. An advertisement which is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits. …

Regulations of Connecticut State AgenciesSec. 38a-819-14. Identity of insurerA. The name of the actual insurer shall be stated in all of its advertisements. The form number or numbers of the policy advertised shall be stated in an advertisement which is an invitation to contract.…

Regulations of Connecticut State AgenciesSec. 38a-819-15. Group or quasi-group implicationsAn advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates o…

Regulations of Connecticut State AgenciesSec. 38a-819-16. Introductory, initial or special offersA. (1) an advertisement of an individual policy shall not directly or by implication represent that a contract or combination of contracts is an introductory, initial or special offer…

Regulations of Connecticut State AgenciesSec. 38a-819-17. Statements about an insurerAn advertisement shall not contain statements which are untrue in fact, or by implication misleading, with respect to the assets, corporate structure, financial standing, age or relative position…

Regulations of Connecticut State AgenciesSec. 38a-819-18. Enforcement proceduresA. Advertising file. Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical pr…

Regulations of Connecticut State AgenciesSec. 38a-819-19. Severability provisionIf any section or portion of a section of these regulations or the applicability thereof to any person or circumstance is held invalid by a court, the remainder of the regulations, or the applicabilit…

Regulations of Connecticut State AgenciesSec. 38a-819-2. ApplicabilityA. These regulations shall apply to any accident and sickness insurance \"advertisement\" as that term is hereinafter denied in Sections 38a-819-3A, G, H, and I, unless otherwise specified in these regulations,…

Regulations of Connecticut State AgenciesSec. 38a-819-20. Filing for prior reviewThe Commissioner may, at his discretion, after reasonable notice to the insurer involved, require the filing with this Department, for review prior to use, of all advertising material proposed for us…