Commissioner’s review of test

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(a) The Commissioner, in his discretion, may, under subsection (b) of this section, permit the use of a form that scores inadequately under § 31-4725(a)(1).

(b) Before the Commissioner permits the use of inadequately scoring forms, the Commissioner shall find that:

(1) A lower score more accurately reflects the readability of the form.

(2) The particular nature of the form or of a type of form warrants a lower passing score than required by § 31-4725(a)(1).

(3) Policy language drafted to conform with state law or state agency interpretation of the law has impaired the readability of the rest of the policy or has otherwise lowered the score for the rest of the policy.

(June 19, 1934, ch. 672, ch. V, § 26; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39; Feb. 24, 1987, D.C. Law 6-192, § 25(i), 33 DCR 7836; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 23(e), 45 DCR 745.)

Prior Codifications

1981 Ed., § 35-532.

Section References

This section is referenced in § 31-4725 and § 31-4730.


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