DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-1
administrative procedures
Proposed New Regulation 1-1-9
ELECTRONIC RATE FILING AND EXEMPTION TO ELECTRONIC RATE FILING REQUIREMENT DUE TO AN EMERGENCY SITUATION
Section 1	Authority
Section 2	Scope And Purpose
Section 3	Applicability
Section 4	Rule
Section 5	Severability
Section 6	Enforcement
Section 7	Effective Date
Section 8	History
Section 1.	Authority
This regulation is promulgated under the authority of § § 10-1-109, 10-4-401(5) and 10-16-107(1), C.R.S.
Section 2.	Scope And Purpose
The purpose of this regulation is prescribe the format for electronic rate filings with the Division of Insurance, and to set forth the circumstances that would be considered an emergency situation exempting carriers from making electronic rate filings.  
Section 3	Applicability
The requirements of this regulation shall apply to all insurance companies who file type II rates for property and casualty insurance rate filings subject to Parts 1 through 4 of article 4 of title 10, C.R.S., and health rate filings subject to Article 16 of Title 10. 
Section 4.	Rule
A.	The following situations are defined as an emergency situation, that would exempt carriers from making electronic rate filings, 
1.	At the written request of a carrier, the commissioner determines a catastrophic event has occurred affecting the carrier, such as: an act of God, war or other attack, explosion, fire, flood, storms or similar events which prevents the  carrier from filing rates electronically for a period estimated to be more than 30 days.
2.	Any other circumstances the commissioner deems to be an emergency situation.
B.	Except as a result of an event described in paragraph 4.A, an emergency situation does not exist  due to an insurer’s failure to have adequate, properly trained staff to file rates electronically.  
C.	The Colorado Division of Insurance will only accept electronic filings submitted through SERFF (System for Electronic Rate and Form Filing).  Information on SERFF can be located at www.SERFF.com.
Section 5	Severability
If any provision of this regulation or application of it to any person or circumstance is for any reason held to be invalid, the remainder of this regulation shall not be affected.
Section 6	Enforcement
Noncompliance with this regulation may result, after proper notice and hearing, in the imposition of any of the sanctions made available in the Colorado statutes pertaining to the business of insurance or other laws which include the imposition of fines, issuance of cease and desist orders, and/or suspensions or revocations of licenses. Among others, the penalties provided for in §10-3-1108, C.R.S. may be applied.
Section 7	Effective Date
This regulation shall be effective February 1, 2008.
Section 8	History
New Colorado Regulation 1-1-9 effective February 1, 2008.