§ 31–5004. Rules and regulations.

(a) The Industry Placement Facility shall on its own motion, or within 30 days after a request by the Mayor, submit to the Mayor such proposed rules and regulations applicable to insurers, agents, and brokers deemed necessary to assure all property owners fair access to basic property insurance through the normal insurance markets, including rules and regulations concerning:

(1) The manner and scope of inspections of risk by an inspection bureau;

(2) The preparation and filing of inspection reports and reports on actions taken in connection with inspected risks, and summaries thereof; and

(3) The operation of the Facility, including rules and regulations concerning:

(A) The basic property insurance coverages to be provided through the Facility;

(A-i) The homeowner’s insurance coverages to be provided through the Facility; provided, that these coverages shall not be less than homeowner’s insurance;

(B) The reasonable effort to obtain insurance in the normal commercial market required of an applicant before recourse to the Facility; and

(C) The appeals procedure within the Facility for any applicant for insurance regarding any ruling, action, or decision by or on behalf of the Facility.

(b) The Mayor may adopt such of the rules and regulations submitted pursuant to subsection (a) of this section as he approves. If the Mayor disapproves any proposed rule or regulation submitted, he shall state the reasons for so doing, and he shall require the Facility to submit a revision thereof within such time as he may designate, but not less than 10 days. During such designated time, the Mayor and the Facility shall consult regarding any such disapproved rule or regulation. If the Facility fails to submit a proposed rule or regulation, or revision thereof, within the designated time, or if a revised rule or regulation is unacceptable to the Mayor, the Mayor may make such rules and regulations covering the proposed general subject matter as he shall deem necessary to carry out the purposes of this chapter. Any rule or regulation adopted or made under this section shall be consistent with the requirements of part A of title XII of the National Housing Act.

(Aug. 1, 1968, 82 Stat. 569, Pub. L. 90-448, title XII, § 1205; Mar. 27, 2003, D.C. Law 14-251, § 2(d), 50 DCR 222.)

Prior Codifications

1981 Ed., § 35-1804.

1973 Ed., § 35-1704.

Effect of Amendments

D.C. Law 14-251 added par. (A-i) to subsec. (a)(3).

References in Text

“Part A of title XII of the National Housing Act,” referred to at the end of subsection (b), consists of §§ 1211 to 1214, as added by § 1103 of the Act of August 1, 1968, 82 Stat. 558, Pub. L. 90-448, codified at 12 U.S.C. §§ 1749bbb-7 to 1749bbb-10.

Editor's Notes

Delegation of functions: See Historical and Statutory Notes following § 31-5002.

Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.