19 Miss. Code. R. 1-35.01
The 2005 Hurricane season was extremely destructive for Mississippi. Extensive and devastating damage was caused by Hurricane Katrina, which hit the Mississippi Gulf Coast on August 29, 2005, as a Category 4 hurricane. Hurricane Katrina continued northward, blanketing the State and causing widespread major damage to homes, loss of personal belongings and corresponding loss of employment.
In response in part to the devastation of Hurricane Katrina, the Mississippi Department of Insurance ("Department") sought the passage of Senate Bill 2381, 2006 Regular Legislative Session, which was passed by the Mississippi Legislature, signed by Governor Barbour on March 1, 2006, and made effective that date. Codified as Miss. Code Ann. § 83-1-47, this statute gives the Commissioner of Insurance the authority to establish a non-binding, non-adversarial alternative dispute resolution procedure for the handling of personal lines residential insurance claims.
Furthermore, pursuant to the Governor's Proclamations dated August 26, 2005, and September 2, 2005, Governor Barbour declared a state of emergency invoking his emergency powers pursuant to Miss. Code Ann. § 35-15-11, and directed agencies of the State to discharge their emergency responsibilities as deemed necessary as set forth in the State of Mississippi Emergency Operations Plan and Executive Order No. 653, dated November 16, 1990. In accordance with the Proclamations and Executive Order, and Miss. Code Ann. §§ 33-15-11(b)(9) and 33-15-11(c)(4), there was a delegation of those emergency powers to the Commissioner of Insurance which allows him, in his discretion, to promulgate emergency regulations and guidelines to promote and secure the safety and protection of the citizens of this State.
Regulation 2007-3 is hereby promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. §§ 83-1-47; 83-5-1; 83-5-29 through 83-5-51; as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said Regulation being the Rules of Practice and Procedure before the Mississippi Insurance Department. This filing makes Regulation 2007-3 a permanent Regulation.
19 Miss. Code. R. 1-35.01