TO SET FORTH THE FACTORS THAT SHOULD "AT MINIMUM" BE CONSIDERED. THUS, A.G. OPIN. 90-003 DOES NOT PRECLUDE CONSIDERATION OF OTHER FACTORS WHICH OPA MAY CONCLUDE ARE RELEVANT.
IN THE EVENT OPA DETERMINES THAT THE FINANCIAL STABILITY OR THE SOUNDNESS AND SAFETY OF AN INSURER WHO SPONSORS A PLAN IS RELEVANT TO THE COMPARABILITY OF THE PLAN TO THE STATE INSURANCE PLAN, OPA WILL BE ENTITLED TO INQUIRE INTO THIS FACTOR. AND AS POINTED OUT ABOVE, OPA WILL HAVE A GREAT DEGREE OF LATITUDE IN MAKING FACTUAL DETERMINATIONS RELATING TO SUCH MATTERS.
4. DETERMINATION THAT PLANS ARE NOT COMPARABLE.
IN A.G. OPIN. 90-003, THIS OFFICE CONCLUDED THAT "A DETERMINATION BY THE OFFICE OF PUBLIC AFFAIRS THAT POLICIES ARE COMPARABLE, OR ALTERNATIVELY, COMPLIANCE WITH GUIDELINES THAT MAY BE PROMULGATED BY THAT BODY IS A PREREQUISITE TO THE ACCEPTANCE OF ANY 'OTHER' COVERAGE." THUS, IN THE ABSENCE OF A POSITIVE DETERMINATION BY OPA THAT A PARTICULAR PLAN IS COMPARABLE, A SCHOOL DISTRICT IS NOT AUTHORIZED TO ACCEPT THE PLAN. CORRESPONDINGLY, IT IS CLEAR THAT IF OPA AFFIRMATIVELY FINDS THAT A PLAN IS NOT COMPARABLE TO THE STATE PLAN, A SCHOOL DISTRICT MAY NOT LAWFULLY ACCEPT COVERAGE UNDER THE PLAN.
(K. W. JOHNSTON)