reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.21. “Twisting” prohibited

§ 31–2231.21. “Twisting” prohibited.
No person shall make or issue, or cause to be made or issued, a written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in a policy for the purpose of inducing or attempting or tending to induce the policyholder to lapse, forfeit, surrender, retain, exchange, or convert an insurance policy.
(Apr. 3, 2001, D.C. Law 13-265, § 121, 48 DCR 1225.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.22. Powers of the Commissioner; cease and desist orders

§ 31–2231.22. Powers of the Commissioner; cease and desist orders.
(a) The Commissioner may examine and investigate the affairs of a person engaged in the business of insurance in the District of Columbia to determine whether the person has been or is engaged in an unfair trade practice, an unfair method of competition, or an unfair or deceptive action practice under this chapter. The Commissioner may suspend or revoke the license or certificate of authority for a person that violates this chapter or a rule or regulation adopted under this chapter, or fails to comply with an order of the Commissioner.
(b)(1) The Commissioner may enforce this chapter, or any rules and regulations adopted under this chapter, by issuing an order:
(A) To cease and desist from the violation and further similar violations; and
(B) Requiring the violator to correct the violation, including the restitution of money or property to a person aggrieved by the violation.
(2) If a violator fails to comply with an order issued under paragraph (1) of this subsection, the Commissioner may impose a civil penalty of up to $1,000 for each violation from which the violator failed to cease and desist or which the violator failed to correct.
(c) The Commissioner may request the Corporation Counsel of the District of Columbia [Attorney General for the District of Columbia] (“Corporation Counsel”) take appropriate action in the Superior Court of the District of Columbia (“Superior Court”) for the enforcement of an order issued under this section. The Corporation Counsel may also seek, and the Superior Court may order or decree, damages and other relief allowed by law, including restitution. In an action brought by the Corporation Counsel under this section, the Corporation Counsel may be awarded attorney’s fees and costs.
(d) In determining the amount of financial penalty to be imposed under subsection (b) of this section, the Commissioner shall consider the following:
(1) The seriousness of the violation;
(2) The good faith of the violator;
(3) The violator’s history of previous violations;
(4) The deleterious effect of the violation on the public and the insurance industry;
(5) The assets of the violator; and
(6) Any other factor relevant to the determination of the financial penalty.
(Apr. 3, 2001, D.C. Law 13-265, § 122, 48 DCR 1225.)
Section References
This section is referenced in § 31-2231.23 and § 31-2231.24.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.23. Hearings

§ 31–2231.23. Hearings.
(a) Before the Commissioner takes an action under § 31-2231.22, the Commissioner shall provide the person alleged to have violated this chapter an opportunity for a hearing.
(b) Notice of the hearing shall be given, and the hearing shall be held, in accordance with §§ 2-509 and 2-510.
(c) The hearing notice shall be served at the person’s principal place of business by certified mail, return receipt requested, at least 30 days before the hearing.
(d) The Commissioner may administer oaths or affirmations, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents deemed relevant to the matter at issue.
(e) In the case of a refusal of a person to comply with any subpoena issued or to testify with respect to any matter upon which the person may be lawfully interrogated, the Superior Court, on application of the Commissioner, may issue an order requiring the person to comply with the subpoena or to testify.
(Apr. 3, 2001, D.C. Law 13-265, § 123, 48 DCR 1225.)
Section References
This section is referenced in § 31-2231.24.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.24. Judicial review

§ 31–2231.24. Judicial review.
If, after any hearing under § 31-2231.23, the Commissioner does not find a violation of this chapter, an aggrieved person may, within 60 days after the decision has been issued, or later in connection with § 31-2231.11(a), (b), or (b-1) upon a showing of good cause by a victim of an intrafamily offense, sexual assault, dating violence, or stalking, appeal the decision of the Commissioner to the District of Columbia Court of Appeals. In addition, any person subject to an order of the Commissioner under § 31-2231.22 may obtain a review of the order by filing in the District of Columbia Court of Appeals, within 60 days after the order has been issued, a written petition requesting that the order of the Commissioner be set aside. Except as provided above for the time for filing an appeal, appeals shall be made in accordance with § 2-510.
(Apr. 3, 2001, D.C. Law 13-265, § 124, 48 DCR 1225; Apr. 8, 2011, D.C. Law 18-360, § 202(b), 58 DCR 896.)
Effect of Amendments
D.C. Law 18-360 substituted “issued, or later in connection with § 31-2231.11(a), (b), or (b-1) upon a showing of good cause by a victim of an intrafamily offense, sexual assault, dating violence, or stalking, appeal” for “issued, appeal”.
Editor's Notes
Section 203 of D.C. Law 18-360 provided: “Sec. 203. Application. This title shall apply to policies and certificates of insurance that are health benefit plans as defined under section 2(4) of the Health Insurance Coverage for Habilitative Services for Children Act of 2006, effective March 2, 2007 (D.C. Law 16-198; D.C. Official Code § 31-3271(4)), that are issued 90 days after the effective date of this title. This title shall not apply to short-term limited duration health benefit plans.”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.25. Regulations

§ 31–2231.25. Regulations.
The Commissioner may, in accordance with § 2-505, promulgate reasonable rules, regulations, or orders as are necessary or appropriate to carry out and effectuate the provisions of this chapter.
(Apr. 3, 2001, D.C. Law 13-265, § 125, 48 DCR 1225.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2301. Definitions

§ 31–2301. Definitions.
For purposes of this chapter, the term:
(1) “Domestication” means the reorganization under this chapter of the United States branch of a Non-U.S. insurer whereby a domestic or foreign insurer acquires all the business and assets and assumes all the liabilities of the branch.
(2) “Domestic insurer” means a stock insurance company incorporated under the laws of the District of Columbia.
(3) “Foreign insurer” means a stock insurance company incorporated under the laws of any other state of the United States.
(4) “Non-U.S. insurer” means a stock insurance company organized under the laws of a foreign country.
(5) “United States branch” means the business unit through which business is transacted within the United States by a Non-U.S. insurer and the assets and liabilities of the insurer within the United States pertaining to such business.
(Oct. 21, 2000, D.C. Law 13-194, § 2, 47 DCR 7427.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2302. Domestication permitted

§ 31–2302. Domestication permitted.
(a)(1) Upon compliance with this chapter, a Non-U.S. insurer which is authorized to use the District of Columbia (“District”) as a state of entry to transact insurance business through its United States branch and which owns beneficially, directly or indirectly, all outstanding shares of a domestic insurer or of a foreign insurer qualified and licensed in the District to write all the kinds of insurance for which the United States branch is qualified and licensed, may domesticate its United States branch by entering into a written domestication agreement with such domestic or foreign insurer providing for the acquisition of the business and assets, and the assumption of all liabilities, of the United States branch, by the domestic or foreign insurer for no consideration, except for (A) such assumption of liabilities, and (B) additional consideration payable by the issuance of shares of the acquiring insurer.
(2) The domestication shall be subject to prior written approval by the Commissioner if the acquiring insurer is a domestic insurer or by the chief insurance regulatory official of the state of organization if it is a foreign insurer.
(3) The domestication shall be subject to final approval by the Commissioner if the acquiring insurer is a domestic insurer or by the chief insurance regulatory official of the state of organization if it is a foreign insurer.
(b) Any shares of the acquiring insurer, or voting trust certificates therefor, held among the trusteed assets of the United States branch or held in a trust created by the Non-U.S. insurer of which the Non-U.S. insurer is a beneficiary shall be deemed to be shares held beneficially, but indirectly, by the Non-U.S. insurer.
(c) The acquiring insurer may be licensed to engage in the insurance business in the District either before entering into the domestication agreement or, if the Commissioner approves, effective with consummation of the domestication agreement in accordance with § 31-2306.
(d) This chapter shall not be construed to (1) authorize an insurance company to do any kind of insurance business not authorized by its charter, or (2) authorize a foreign or Non-U.S. insurer to do any kind of insurance business in the District not authorized by its license or certificate of authority to do business in the District.
(Oct. 21, 2000, D.C. Law 13-194, § 3, 47 DCR 7427.)
Section References
This section is referenced in § 31-2303 and § 31-2305.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2303. Prior written approval of domestication agreement

§ 31–2303. Prior written approval of domestication agreement.
An acquisition of assets and assumption of liabilities under § 31-2302(a) shall be initiated by filing with the Commissioner, for prior written approval as required by § 31-2302(a)(2), a copy of the domestication agreement, executed by the Non-U.S. insurer and the acquiring insurer, in a form satisfactory to (1) the Commissioner if the acquiring insurer is a domestic insurer, or (2) both the Commissioner and the chief insurance regulatory official of the state of organization if the acquiring insurer is a foreign insurer. If he is satisfied that the domestication agreement complies with this chapter and that the interests of policyholders and creditors of the United States branch are not materially adversely affected, the Commissioner may approve the domestication agreement, subject to a subsequent review and final approval as required under § 31-2302(a)(3) and 6 [§ 31-2305].
(Oct. 21, 2000, D.C. Law 13-194, § 4, 47 DCR 7427.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2304. Authorization and execution of domestication agreement

§ 31–2304. Authorization and execution of domestication agreement.
(a) A domestication agreement shall be authorized, adopted, approved, executed, and acknowledged by the Non-U.S. insurer under the laws of the country where it is organized.
(b) A domestication agreement shall also be approved, adopted, and authorized by the acquiring insurer’s board of directors, executed by its president or any vice president, and attested by its secretary or assistant secretary under its corporate seal, or, in the case of a foreign insurer, as otherwise provided in the laws of the state of its organization.
(Oct. 21, 2000, D.C. Law 13-194, § 5, 47 DCR 7427.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2305. Final approval by Commissioner

§ 31–2305. Final approval by Commissioner.
(a) The following shall be submitted to the Commissioner for final approval of the domestication agreement as required under § 31-2302(a)(3):
(1) An executed counterpart of the domestication agreement;
(2) Certified copies of the corporate proceedings of the acquiring insurer and the Non-U.S. insurer approving, adopting, and authorizing the execution of the domestication agreement;
(3) A certification by an officer of the United States branch that the domestication agreement satisfies the requirements of this chapter; and
(4) In the case of a foreign insurer, the written approval of the chief insurance regulatory official of the state in which the foreign insurer is organized.
(b) If he is satisfied that the domestication agreement complies with this chapter, that all the required documents have been submitted, and that the interests of policyholders and creditors of the United States branch are not materially adversely affected, the Commissioner may approve, as required under § 31-2302(a)(3), the domestication agreement.
(Oct. 21, 2000, D.C. Law 13-194, § 6, 47 DCR 7427.)
Section References
This section is referenced in § 31-2303 and § 31-2306.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2306. Consummation of domestication agreement; transfer of deposits; withdrawal of trusteed assets

§ 31–2306. Consummation of domestication agreement; transfer of deposits; withdrawal of trusteed assets.
(a)(1) The domestication of the United States branch shall be effective upon the final approval of the Commissioner of the domestication agreement under § 31-2305 (“consummation”).
(2)(A) All assets of the United States branch, including all its rights and property, shall be deemed transferred to, and vested in, the acquiring insurer and the acquiring insurer shall be deemed to have assumed all liabilities of the United States branch.
(B) All deposits of the United States branch held by commissioners, state officers, or other state regulatory agencies under state laws, shall be deemed held as security for the full performance by the acquiring insurer of its assumption as direct liabilities of all of the liabilities to policyholders and creditors within the United States of the United States branch, and the deposits shall be deemed admitted assets of the acquiring insurer and reported as such in its annual financial statements and other reports required to be filed by it in the District.
(3) Upon the ultimate release by a state officer or agency of deposits described in paragraph (2)(B) of this subsection, the securities and cash released shall be delivered and paid over to the acquiring insurer as the lawful successor in interest to the United States branch.
(b) Contemporaneously with the consummation of the domestication, notwithstanding §§ 31-2203 and 31-2204, the Commissioner shall:
(1) Transfer to the acquiring insurer’s account the securities deposited by the United States branch in compliance with this chapter; and
(2) Consent to the withdrawal from the trust by the trustee of the trusteed assets deposited by the United States branch in compliance with this chapter and the transfer and delivery to the acquiring insurer of all assets held by the trustee; provided, that if a United States branch is domesticated into a foreign insurer, the Commissioner, unless otherwise satisfied that the interests of policyholders of in force business and of creditors on outstanding claims are protected, may defer consent to the withdrawal of so much of the trusteed assets as in the Commissioner’s judgment is reasonably required to protect such interests as of the date of domestication, and shall consent to their withdrawal from time to time as such interests expire.
(Oct. 21, 2000, D.C. Law 13-194, § 7, 47 DCR 7427.)
Section References
This section is referenced in § 31-2302.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23 - United States Branch Domestication of Non-U.S. Insurers › § 31–2307. Regulations

§ 31–2307. Regulations.
The Commissioner may, in accordance with § 2-505, promulgate rules, regulations, and orders as are necessary or appropriate to carry out the provisions of this chapter. The Council may approve or disapprove any rules, regulations, or orders promulgated by the Commissioner within 30 days after the date transmitted to the Council. If no action is taken by the Council, the rules, regulations, or orders shall be deemed to be approved.
(Oct. 21, 2000, D.C. Law 13-194, § 8, 47 DCR 7427.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.02. Scope

§ 31–2351.02. Scope.
(a) The following are exempt from this chapter:
(1) Warranties;
(2) Maintenance agreements;
(3) Warranties, service contracts, or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Service Commission;
(4) Service contracts sold or offered for sale to persons other than consumers; and
(5) Service contracts on tangible property where the tangible property for which the service contract is sold has a purchase price of $100 or less, exclusive of sales tax.
(b) Motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products need only comply with §§ 31-2351.03(h)(1), 31-2351.04(a), 31-2351.05(d) through (l), 31-2351.06, and 31-2351.10, as applicable. Motor vehicle manufacturers are exempt from the registration requirement of § 31-2351.03(d).
(c) The types of agreements referred to in this section and service contracts governed pursuant to this chapter are not insurance.
(Feb. 22, 2019, D.C. Law 22-216, § 3, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.04. Required disclosures – reimbursement insurance policy

§ 31–2351.04. Required disclosures – reimbursement insurance policy.
(a) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale shall state that the insurer that issued the reimbursement insurance policy shall reimburse or pay on behalf of the provider any covered sums the provider is obligated to pay or, in the event of the provider's non-performance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.
(b) If covered service is not provided by the service contract provider within 60 days of proof of loss by the service contract holder, the contract holder shall be entitled to apply directly to the reimbursement insurance company.
(Feb. 22, 2019, D.C. Law 22-216, § 5, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.07. Record keeping requirements

§ 31–2351.07. Record keeping requirements.
(a) A provider must keep accurate accounts, books, and records concerning transactions regulated under this chapter and shall include:
(1) A copy of each type of service contract sold;
(2) The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
(3) For automobile or new property retail sales, a list of the locations where service contracts are marketed, sold, or offered for sale; and
(4) Written claims files that shall contain, at a minimum, the dates and description of claims related to the service contracts.
(b) Except as provided in subsection (d) of this section, the provider shall retain all records required to be maintained by this section for at least one year after the specified period of coverage has expired.
(c) The records required under this chapter may be, but shall not be required to be, maintained on a computer disk or other record-keeping technology; provided, that if the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the Commissioner.
(d) A provider discontinuing business in the District shall maintain its records until it furnishes the Commissioner satisfactory proof that it has discharged all obligations to contract holders in the District.
(Feb. 22, 2019, D.C. Law 22-216, § 8, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.08. Cancellation of reimbursement insurance policy

§ 31–2351.08. Cancellation of reimbursement insurance policy.
An insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with § 31-404, has been mailed or delivered to the Commissioner. The termination of a reimbursement insurance policy shall not reduce the issuer's responsibility for service contracts issued by providers prior to the date of the termination.
(Feb. 22, 2019, D.C. Law 22-216, § 9, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.09. Obligation of reimbursement insurance policy insurers

§ 31–2351.09. Obligation of reimbursement insurance policy insurers.
(a) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for the insurance upon the payment of provider fees by consumers for service contracts issued by the insured providers.
(b) This chapter shall not prevent or limit the right of an insurer that issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the issuer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
(Feb. 22, 2019, D.C. Law 22-216, § 10, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.10. Enforcement provisions

§ 31–2351.10. Enforcement provisions.
(a) The Commissioner may conduct examinations of providers, administrators, insurers, or other persons to enforce the provisions of this chapter and protect service contract holders in the District. Upon request of the Commissioner, the provider shall make all accounts, books, and records concerning a service contract sold by the provider available to the Commissioner that the Commissioner considers necessary to enable the Commissioner to reasonably determine compliance or noncompliance with this chapter.
(b)(1) The Commissioner may take action that is necessary or appropriate to enforce the provisions of this chapter and regulations and orders issued pursuant to this chapter, and to protect service contract holders in the District.
(2) If a provider has violated this chapter or a regulation or order issued pursuant to this chapter, the Commissioner may issue an order, or any combination of the following, that:
(A) Orders the provider to cease and desist from committing the violation;
(B) Prohibits the provider from selling or offering for sale service contracts in violation of this chapter or a regulation or order issued pursuant to this chapter; or
(C) Imposes a civil penalty on the provider.
(c)(1) A person aggrieved by a Commissioner's order issued pursuant to this subsection may request a hearing before the Commissioner; provided, that the request for a hearing shall be filed with the Commissioner within 20 days after the effective date of the Commissioner's order.
(2) If a hearing is timely requested, the order at issue shall be suspended until completion of the hearing and a final decision of the Commissioner.
(3)(A) At the hearing, the burden shall be on the Commissioner to show why the order issued pursuant to this subsection is justified.
(B) The hearing shall be conducted according to the rules established in Subtitle A of Chapter 38 of Title 26 of the District of Columbia Municipal Rules (26 DCMR A3800
et seq.
).
(d) The Commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief for a violation of this chapter or a regulation or order issued pursuant to this chapter. An action filed under this section may also seek restitution on behalf of a person aggrieved by a violation of this chapter or a regulation or order issued pursuant to this chapter.
(e)(1) A person who is found to have violated this chapter or a regulation or order issued pursuant to this chapter may be assessed a civil penalty in an amount determined by the Commissioner of not more than $500 per violation and no more than $10,000 in the aggregate for all violations of a similar nature.
(2) For purposes of this subsection, violations are of a similar nature if the violation consists of the same or similar course of conduct, action, or practice.
(Feb. 22, 2019, D.C. Law 22-216, § 11, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.11. Provider's conditional right to continue doing business

§ 31–2351.11. Provider's conditional right to continue doing business.
A person engaged in the service contract business, as a provider or otherwise, in the District on or before the applicability date of this chapter that submits an application for registration as a provider pursuant to this chapter within 30 days after the Commissioner makes the application available, may continue to engage in business as a provider in the District until final agency action is taken by the Commissioner regarding the registration application and all rights to administrative judicial review have been exhausted or expired.
(Feb. 22, 2019, D.C. Law 22-216, § 12, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.12. Rules

§ 31–2351.12. Rules.
The Mayor, pursuant to Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Feb. 22, 2019, D.C. Law 22-216, § 13, 65 DCR 12963.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23M - Service Contract Regulation › § 31–2351.13. Applicability

§ 31–2351.13. Applicability.
This chapter shall apply 180 days after February 22, 2019.
(Feb. 22, 2019, D.C. Law 22-216, § 14, 65 DCR 12963.)
Emergency Legislation
For temporary (90 days) creation of Subtitle II-B of this title, see title I of Appraisal Management Company Regulation Congressional Review Emergency Act of 2020 (D.C. Act 23-425, Oct. 7, 2020, 67 DCR 12837).
For temporary (90 days) creation of Subtitle II-B of this title, see title I of Appraisal Management Company Regulation Emergency Act of 2020 (D.C. Act 23-341, July 27, 2020, 67 DCR 9357).
For temporary (90 days) creation of Subtitle II-B of this title, see title I of Appraisal Management Company Regulation Congressional Review Emergency Act of 2019 (D.C. Act 23-144, Oct. 29, 2019, 66 DCR 14331).
Temporary Legislation
For temporary (225 days) creation of Subtitle II-B of this title, see title I of Appraisal Management Company Regulation Temporary Act of 2019 (D.C. Law 23-29, Nov. 26, 2019, 66 DCR 13124).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.03. Appraisal panel size and calculation

§ 31–2361.03. Appraisal panel size and calculation.
(a) For purposes of determining whether a person is an appraisal management company within the meaning of § 31-2361.01(4), an appraiser is deemed part of an appraiser panel as of the earliest date on which the person overseeing the appraisal panel:
(1) Accepts the appraiser for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or
(2) Engages the appraiser to perform one or more appraisals on behalf of a creditor for covered transactions or secondary mortgage market participant in connection with covered transactions.
(b) An appraiser who is deemed part of an appraiser panel pursuant to subsection (a) of this section is deemed to remain on the panel until the date on which the person overseeing the appraisal panel:
(1) Sends written notice to the appraiser removing the appraiser from the appraiser panel, with an explanation of its action; or
(2) Receives written notice from the appraiser asking to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(c) If an appraiser is removed from an appraiser panel pursuant to subsection (b)(2) of this section, but the person overseeing the appraisal panel subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the 12 months after the appraiser's removal, the removal will be deemed not to have occurred, and the appraiser will be deemed to have been part of the appraiser panel without interruption.
(Mar. 16, 2021, D.C. Law 23-206, § 103, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 103 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 103 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.04. Registration

§ 31–2361.04. Registration.
(a) It shall be unlawful for a person to directly or indirectly engage or to attempt to engage in business as an appraisal management company in the District, or to advertise or hold itself out as engaging in or conducting business as an appraisal management company in the District without first obtaining a registration issued by the Department.
(b) An applicant for registration as an appraisal management company in the District shall submit to the Department an application on forms prescribed by the Department and pay a fee established by the Department. The forms shall require information necessary to determine eligibility for registration.
(c) Upon registration of an appraisal management company in the District, the Department may require a surety bond of not more than $25,000.
(Mar. 16, 2021, D.C. Law 23-206, § 104, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 104 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 104 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.05. Reporting requirements

§ 31–2361.05. Reporting requirements.
(a) The Department shall collect from each appraisal management company registered or seeking to be registered in the District the information and fees that the Department requires to be submitted to it pursuant to regulations or guidance promulgated by the Department.
(b) A federally regulated appraisal management company operating in the District must report to the Department the information required to be submitted by the District to the Appraisal Subcommittee, pursuant to the Appraisal Subcommittee's policies regarding the determination of the appraisal management company AMC National Registry fee. These reporting requirements will be set forth by the Department by rule, and shall include:
(1) A report to the Department on a form prescribed by the Department of intent to operate in the District of Columbia; and
(2)(A) Information related to whether the appraisal management company is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for a substantive cause, as determined by the Appraisal Subcommittee; and
(B) If a person has had such action taken on his or her appraisal license, information related to whether the license was revoked for a substantive cause and whether it has been reinstated by the state or states in which the appraiser was licensed or certified.
(Mar. 16, 2021, D.C. Law 23-206, § 105, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 105 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 105 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.06. Appraisal management company requirements

§ 31–2361.06. Appraisal management company requirements.
(a) An appraisal management company operating in the District shall meet the following requirements at all times:
(1) At the time of applying for registration or renewing registration in the District, the appraisal management company shall designate one of its controlling persons to serve as the main contact for all communication between the Department and the company. The designated controlling person shall:
(A) Remain in good standing in the District and in any other state that has issued the controlling person an appraiser license or certification; except, that, nothing in this chapter shall require that a designated controlling person hold or continue to hold an appraiser license or certification in any jurisdiction;
(B) Never have had an appraiser license or certification in the District or any other state refused, denied, canceled, revoked, or surrendered in lieu of a pending disciplinary proceeding in any jurisdiction and not subsequently reinstated or granted; and
(C) Be of good moral character;
(2) Before or at the time of placing an assignment to appraise real property in the District with an appraiser on the appraiser panel of the appraisal management company, the appraisal management company shall verify that the appraiser receiving the assignment holds an appraiser license or certification in good standing in the District;
(3) Any employee of or independent contractor to the appraisal management company who performs an appraisal review for a property located in the District must be a certified or licensed appraiser in good standing in the District; and
(4) An appraisal management company registered in the District shall place its registration number on engagement documents utilized by the appraisal management company to procure appraisal services in the District of Columbia.
(b) An appraisal management company that has a reasonable basis to believe an appraiser has materially failed to comply with applicable laws or rules or has materially violated the USPAP shall refer the matter to the Department in conformance with applicable federal laws and regulations.
(Mar. 16, 2021, D.C. Law 23-206, § 106, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 106 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 106 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.07. Verification of licensure or certification

§ 31–2361.07. Verification of licensure or certification.
(a) An appraisal management company registered in the District may not enter into any contract or agreement with an appraiser for the performance of appraisals in the District unless the company verifies that the appraiser is licensed or certified in good standing in the District.
(b) An appraisal management company seeking to be registered or to renew a registration in the District shall certify to the Department on a form prescribed by the Department that the company has a system and process in place to verify that an individual being added to the appraiser panel of the company for appraisal services holds an appraiser license or certification in good standing in the District.
(Mar. 16, 2021, D.C. Law 23-206, § 107, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 107 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 107 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.08. Retention of records

§ 31–2361.08. Retention of records.
(a) Each appraisal management company seeking to be registered or to renew an existing registration in the District shall certify to the Department on a form prescribed by the Department that the company maintains a detailed record of each service request that the company receives for appraisals of real property located in the District.
(b) An appraisal management company registered in the District shall retain all records required to be maintained under this chapter for at least 5 years after the file is submitted to the appraisal management company or for at least 2 years after final disposition of any related judicial proceeding of which the appraisal management company is provided notice, whichever period expires later.
(c) All records required to be maintained by the registered appraisal management company shall be made available for inspection by the Department on reasonable notice to the appraisal management company.
(Mar. 16, 2021, D.C. Law 23-206, § 108, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 108 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 108 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.09. Payment to appraisers

§ 31–2361.09. Payment to appraisers.
(a) An appraisal management company shall, except in bona fide cases of breach of contract or substandard performance of services, make payment to an independent appraiser for the completion of an appraisal or valuation assignment no later than 45 days after the date on which the appraiser transmits or otherwise provides the completed appraisal or valuation assignment to the company or its assignee unless a mutually agreed-upon alternate arrangement previously has been established.
(b) An appraisal management company seeking to be registered or to renew an existing registration in the District shall certify that the company will require appraisals to be conducted independently as required by the appraisal independence standards under section 129E of the Truth in Lending Act, approved July 21, 2010 (124 Stat. 2187; 15 U.S.C. § 1639e), including the requirement that a customary and reasonable fee be paid to an independent appraiser who completes an appraisal in connection with a consumer credit transaction secured by a principal dwelling.
(Mar. 16, 2021, D.C. Law 23-206, § 109, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 109 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 109 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.11. Disciplinary proceedings

§ 31–2361.11. Disciplinary proceedings.
The Department may deny, suspend, or revoke the registration of an appraisal management company, impose a monetary penalty of an amount not to exceed $5,000 per violation, issue a letter of reprimand, refuse to issue or renew the registration of an appraisal management company, or take other disciplinary action against an appraisal management company when an appraisal management company engages in conduct prohibited under § 31-2361.10.
(Mar. 16, 2021, D.C. Law 23-206, § 111, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 111 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 111 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.12. Criminal history checks

§ 31–2361.12. Criminal history checks.
The Department shall require a controlling person or persons to submit to a criminal history record check. All costs associated with obtaining a background check shall be the responsibility of the appraisal management company.
(Mar. 16, 2021, D.C. Law 23-206, § 112, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 112 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 112 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 24 - Compulsory/No-Fault Motor Vehicle Insurance › § 31–2401. Findings; purpose

§ 31–2401. Findings; purpose.
(a) Findings. — The Council of the District of Columbia finds that:
(1) Motorists, motor vehicle passengers, and pedestrians in the District are not adequately protected, by current law and practice, from the consequences of motor vehicle accidents.
(2) If a person suffers personal injuries because of an accident involving a motor vehicle in the District, he or she is unlikely to recover the amount of his or her actual losses because:
(A) Approximately 50% of the victims do not satisfy the prerequisites to compensation under the present law;
(B) Approximately 40% of the operators in the District do not maintain any motor vehicle insurance or have other financial resources sufficient to pay losses;
(C) The average motor vehicle insurance policy in the District will pay only up to $10,000 for the personal injuries of any 1 victim, a sum that is insufficient to compensate adequately a victim with serious injuries; and
(D) Satisfaction of the prerequisites to compensation under the present law is time-consuming and expensive to policyholders because a victim must establish that the accident was the fault of another person; that the person injured was free from contributory fault; and that the injuries suffered were the natural and probable consequences of the accident.
(3) Far greater protection to victims of motor vehicle accidents is available at a lower price than that afforded for coverage currently available.
(4) The purchase of this better insurance protection should be compulsory because of the great potential of a motor vehicle to cause personal injury.
(b) Purpose. — It is the purpose of this chapter to provide adequate protection for victims who are injured in the District or who are injured while riding in motor vehicles registered or operated in the District.
(Sept. 18, 1982, D.C. Law 4-155, § 2, 29 DCR 3491.)
Prior Codifications
1981 Ed., § 35-2101.
Section References
This section is referenced in § 47-2829, § 47-2862, and § 50-314.
Delegation of Authority
Delegation of authority pursuant to Law 6-96, see Mayor’s Order 86-186, October 17, 1986.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 24 - Compulsory/No-Fault Motor Vehicle Insurance › § 31–2407. Priorities for the payment of personal injury protection benefits

§ 31–2407. Priorities for the payment of personal injury protection benefits.
(a) The insurer responsible for the payment of personal injury protection benefits shall be determined in accordance with, and in the order of, priorities set forth in this section. The insurer liable to pay benefits is:
(1) The insurer providing personal injury protection insurance under which the victim is the named insured; or
(2) The insurer providing personal injury protection with respect to the motor vehicle in which, at the time of the accident, the victim is present.
(b) If 2 or more obligations to pay personal injury protection benefits apply equally to an injury, the insurer against which the claim is asserted first shall process and pay the claim as if wholly responsible, subject to subsequent contribution pro rata from any other insurer for the amount of benefits paid and for the cost of processing the claim.
(Sept. 18, 1982, D.C. Law 4-155, § 8, 29 DCR 3491; Mar. 4, 1986, D.C. Law 6-96, § 2(f), 32 DCR 7245.)
Prior Codifications
1981 Ed., § 35-2107.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 24 - Compulsory/No-Fault Motor Vehicle Insurance › § 31–2408. Administration Fund. [Repealed]

§ 31–2408. Administration Fund. [Repealed]
Repealed.
(Oct. 21, 1993, D.C. Law 10-40, § 13(a), 40 DCR 6009.)
Prior Codifications
1981 Ed., § 35-2108.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 24 - Compulsory/No-Fault Motor Vehicle Insurance › § 31–2412. Temporary Motor Vehicle Insurance Review Commission. [Expired]

§ 31–2412. Temporary Motor Vehicle Insurance Review Commission. [Expired]
Expired.
Prior Codifications
1981 Ed., § 35-2112.
Editor's Notes
Expiration of Temporary Motor Vehicle Insurance Review Commission: Pursuant to subsection (i) of former § 35-2112 1981 Ed., the Temporary Motor Vehicle Insurance Review Commission was to expire 3 years after March 4, 1986. The Temporary Motor Vehicle Insurance Review Commission is deemed to have expired on March 4, 1989.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter I - Applicability; Definitions › § 31–2501.01. Short title

§ 31–2501.01. Short title.
This chapter shall be known as the “Fire and Casualty Act.”
(Oct. 9, 1940, 54 Stat. 1063, ch. 792, ch. I, § 1.)
Prior Codifications
1981 Ed., § 35-1501.
1973 Ed., § 35-1301.
Section References
This section is referenced in § 31-5031.01, § 31-5031.02, and § 31-5031.24.