{"data":{"id":"us-nc/n.c.-gen.-stat.-58-91-20","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 58-91-20","heading":"Powers of the Commission.","body":"The Commission shall have the following powers:\n(1)\tTo promulgate rules, pursuant to G.S. 58-91-35, which shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in this Compact.\n(2)\tTo exercise its rulemaking authority and establish reasonable uniform standards for products covered under the Compact, and advertisement related thereto, which shall have the force and effect of law and shall be binding in the compacting states, but only for those products filed with the Commission. Notwithstanding this subdivision, a compacting state shall have the right to opt out of a uniform standard pursuant to G.S. 58-91-35, to the extent and in the manner provided in this Compact, and any uniform standard established by the Commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioners' Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The Commission shall consider whether any subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the uniform standards established by the Commission for long-term care insurance products.\n(3)\tTo receive and review in an expeditious manner products filed with the Commission, and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the applicable uniform standard, where the approval shall have the force and effect of law and be binding on the compacting states to the extent and in the manner provided in the Compact.\n(4)\tTo receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the Commission and give approval to all advertisement that satisfies the applicable uniform standard. For any product covered under this Compact, other than long-term care insurance products, the Commission shall have the authority to require an insurer to submit all or any part of its advertisement with respect to that product for review or approval prior to use, if the Commission determines that the nature of the product is such that an advertisement of the product could have the capacity or tendency to mislead the public. The actions of the Commission as provided in this section shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the Compact.\n(5)\tTo exercise its rulemaking authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the Commission.\n(6)\tTo promulgate operating procedures pursuant to G.S. 58-91-35 which shall be binding in the compacting states to the extent and in the manner provided in this Compact.\n(7)\tTo bring and prosecute legal proceedings or actions in its name as the Commission except that the standing of any state insurance department to sue or be sued under applicable law shall not be affected.\n(8)\tTo issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.\n(9)\tTo establish and maintain offices.\n(10)\tTo purchase and maintain insurance and bonds.\n(11)\tTo borrow, accept, and contract for services of personnel, including employees of a compacting state.\n(12)\tTo hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties, and give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications; and to establish the Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.\n(13)\tTo accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same. At all times the Commission shall strive to avoid any appearance of impropriety.\n(14)\tTo lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed. At all times the Commission shall strive to avoid any appearance of impropriety.\n(15)\tTo sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.\n(16)\tTo remit filing fees to compacting states as may be set forth in the bylaws, rules, or operating procedures.\n(17)\tTo enforce compliance by compacting states with rules, uniform standards, operating procedures, and bylaws.\n(18)\tTo provide for dispute resolution among compacting states.\n(19)\tTo advise compacting states on issues relating to insurers domiciled or doing business in noncompacting jurisdictions, consistent with the purposes of this Compact.\n(20)\tTo provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments.\n(21)\tTo establish a budget and make expenditures.\n(22)\tTo borrow money.\n(23)\tTo appoint committees, including advisory committees comprising members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the bylaws.\n(24)\tTo provide and receive information from, and to cooperate with, law enforcement agencies.\n(25)\tTo adopt and use a corporate seal.\n(26)\tTo perform any other functions that may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of the business of insurance. (2005-183, s. 1; 2009-382, s. 35; 2025-25, s. 29(6).)","path":["Chapter 58. Insurance.","Article 91. Interstate Insurance Product Regulation Compact Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-91-20.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:06:53Z","sha256":"3d07ce075b5d6ff99f86be024e3701f844d1d6334878353c53cfffaea6a7f746","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-58-91-15","next":"us-nc/n.c.-gen.-stat.-58-91-25"},"notice":"GroundRules: Original legal text. Not legal advice."}