Title 33, Chapter 2, Section 9
( 33-2-9)
(a) The Commissioner shall have full power and authority to make
rules and regulations for the following purposes: (1) To organize the department and to assign duties to members of
the staff; (2) To promulgate any rules and regulations as are reasonably
necessary to implement this title; (3) To promulgate any rules and regulations as are reasonably
necessary to conform with the requirements of the federal Health
Insurance Portability and Accountability Act of 1996, P.L.
104-191, as said federal Act existed on January 1, 1997; (4) To issue interpretative rulings or to prescribe forms required
to carry out the responsibilities of his or her office; or (5) To govern the procedure to be followed in the proceedings
before the department. (b) Before any rule or regulation shall become effective or before
any amendment or repeal of any rule shall become effective, the
proposed rule or regulation or amendment or repeal shall be approved
as to legality by the Attorney General and shall have been on file
as a public record in the office of the Commissioner for at least
ten days. (c) Prior to the adoption of any rule or regulation or the amendment
or repeal thereof, the Commissioner shall publish or otherwise
circulate notice of his intended action and afford interested
persons opportunity to submit data or views either orally or in
writing. (d) The Commissioner shall compile and keep on file in his office as
a public record a set of such rules and regulations which are in
effect and shall prepare copies of such rules and regulations which
shall be available upon request. The Commissioner shall fix a price
covering such compilation which shall cover costs of preparation and
mailing. (e) Neither the Commissioner, whether acting as Commissioner of
Insurance or Safety Fire Commissioner, nor the department, nor the
Safety Fire Division of the office of the Commissioner shall propose
or adopt rules or regulations relating to the sale or dispensing of
gasoline or diesel fuel to the general public by any business entity
unless such rules or regulations require such sale or dispensing to
be under the direct control and visual supervision of an on-site
employee of such business entity. |