Sec. 8. If action has not been taken in a case before the department of insurance for a period of at least two (2) years, the commissioner, on the: (1) motion of a party; or (2) commissioner's own initiative; may file a motion in Marion county circuit court to dismiss the case under Rule 41(E) of the Indiana Rules of Trial Procedure. As added by P.L.111-1998, SEC.10.