New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter I - GENERAL PROVISIONS
Part 2 - Promulgation Of Regulations; Opinions
Section 2.5 - Opinions
Current through Register Vol. 46, No. 12, March 20, 2024
The superintendent, all deputy superintendents, the department counsel and bureau heads may give written opinions, and the usual procedure to be observed should be as follows:
(a) The relevant statutes, regulations, orders, and prior opinions should be consulted.
(b) In case the proposed opinions will conflict with any other known opinion or with any regulation or practice of the Insurance Department, the department counsel or a deputy superintendent should be consulted.
(c) The person requesting the opinion, or to be affected thereby, should be required to give a statement of the relevant facts, and of the reasons why the opinion is requested, and if it is to be recorded and indexed as hereinafter provided, a concise summary of the facts should be stated in the opinion and the relevant sections of the Insurance Law should be cited.
(d) The scope of the opinion should be confined to the facts and reasons presented except where the opinion is intended to cover a question of general application.
(e) The scope of the opinion should not be broader than the scope of the powers and duties of the official or employee giving the same.
(f) An opinion is deemed to be sufficiently important as a guide to the future action of the Insurance Department to justify keeping a permanent record thereof, the opinion shall be filed and retained in accordance with internal department procedures. The public disclosure of opinions shall be subject to the provisions of the Freedom of Information Law and Part 241 of this Title (Regulation 71).
