2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 2 - Other Insurances (§§ 8001 — 8096) › Chapter 52 - Insurance Products (§§ 8081 — 8096) › § 8088 - Registers and compliance

The Commission shall promulgate the rules that establish conditions and procedures according to which the official information and registers are to be disclosed to the public to be examined or copied. The Commission may promulgate additional rules according to which the registers and the information that otherwise would be exempt from being disclosed is to be disclosed to the federal and state agencies, including the law and order agencies, and may execute agreements with said agencies to receive and exchange information or registers subject to the provisions for nondisclosure and confidentiality.
Except for privileged information, registers and data, the laws of the subscribing states relative to confidentiality or nondisclosure shall not exempt the Commissioner of the subscribing state from his/her duty of disclosing any pertinent register, data or information to the Commission; Provided, That said disclosure is not to be construed as constituting an exclusion nor that it shall otherwise affect the confidentiality requirement; and furthermore that except as otherwise provided, the Commission shall not be subject to the laws of the subscribing state relative to the confidentiality or nondisclosure with respect to the registers, data and information in its power. The information of the Commission shall maintain its confidentiality after the same has been delivered to some Commissioner.
The Commission shall oversee the subscribing states to ensure compliance with the duly adopted statutes, regulations, uniform standards and operating procedures. The Commission shall notify the subscribing states in writing about their noncompliance with respect to the statutes, the regulations and the operating procedures. Should the subscribing state that has incurred such noncompliance does not remedy this situation within the term specified in the notice, it shall be understood that the subscribing state is in default as provided in § 8094 of this title.
The Commissioner of any state where the insurer is authorized to operate or is operating an insurance business shall continue to exercise his/her authority for overseeing the regulation of the market in which the activities of the insurer are conducted according to the provisions of the state laws. The following provisions shall govern the actions of the Commission to ensure compliance with said laws.
Regarding the regulation of the market by the Commissioner of publicity products or materials approved or certified by the Commission, no activity of an insurer shall constitute a violation of the provisions, standards or requirements of the Compact, except as provided by the Commission through a final order issued at the request of the Commissioner after notification to the insurer giving the latter the opportunity for attending a hearing before the Commission.
Before a Commissioner can initiate an action before the Commission for the violation of a provision, standard or requirement of the Compact related to the use of publicity material that has not been approved or certified, the Commission or an official or employee authorized by the Commission must authorize said action. Said authorization shall not require that the insurer be notified or that a hearing be granted, or the disclosure of applications for authorization or registers of the action taken by the Commission for attending to said applications.
History —Dec. 22, 2005, No. 161, art. 1.8.