Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment incorporates the definitions
from rule 20 CSR 100-4.010 and clarifies
the terms of the rule.
PURPOSE: This rule sets forth with greater
specificity the [statutory requirements] standards for responding to inquiries
from the Division of Consumer Affairs, [required of all persons in this state,]
pursuant to sections
354.190,
354.465,
354.717,
374.085, 374.110, 374.190, 375.938, 375.1009, 376.1375 and 384.015,
RSMo.
(1) As used in this
rule, the following terms mean:
(A) "Adequate
response," a written response answering each inquiry with reasonable
specificity. A person's acknowledgment of the division's inquiry is not an
adequate response;
(B)
"Department," the Department of Insurance, Financial Institutions and
Professional Registration;
(C)
"Division," the Division of Consumer Affairs;
(D) "Inquiry," each and every question or
request for information submitted in writing to a person by the division
concerning subjects which are within the division's authority to regulate or
investigate; and
(E) "Person," any
person as that term is defined in sections 374.046.17,
375.932(4),
and
375.1002(3),
RSMo, including "insurers" as that term is defined in sections
375.932(3) and
375.1002(2), RSMo, and any other entity,
association, or individual, whether or not the director has granted a license
or certificate of authority to the entity, association, or
individual.
(2) Except as
provided for under subsection (2)(B)-
(A) Upon
receipt of any inquiry from the division, every person shall mail to the
division an adequate response to the inquiry within twenty (20) days from the
date the division mails the inquiry. An envelope's postmark determines the date
of mailing. When the requested response is not produced by the person within
twenty (20) days, this nonproduction is deemed a violation of this rule, unless
the person can demonstrate that there is reasonable justification for that
delay; and
(B) This rule does not
apply to any other statute or regulation which requires a different time period
for a person to respond to an inquiry by the department. If another statute or
regulation requires a shorter response time, the shorter response time is
controlling. This regulation operates only in the absence of any other
applicable laws.
(3)
Computation of Time. In computing the period of time prescribed by this
regulation, the day the inquiry is mailed is not to be included. The following
day begins the period of computation. Each consecutive calendar day is counted.
The last day of the period so computed is to be included, unless it is a
Saturday, Sunday, or legal holiday, in which event the period runs until the
end of the next day which is neither a Saturday, Sunday nor a legal
holiday.
*Original authority: 374.045, RSMo 1967, amended 1993,
1995.
