33-22-1307. Duties of commissioner -- rulemaking. (1) The commissioner shall:

(a) oversee the activities of the association and the board;

(b) examine the affairs of the board and program;

(c) approve the plan of operation set by the board as needed within 30 days of receiving the plan or amendments to the plan from the board;

(d) with the assistance of the association, collect the assessment and the federal funding designated for this program;

(e) designate staff to attend meetings of the board and the association as an ex officio member; and

(f) require all eligible health insurers to calculate the premium amount the eligible health insurer would have charged for the benefit year if the Montana reinsurance program had not been established. The eligible health insurer shall submit this information as part of its rate filing. The commissioner shall consider this information as part of the rate review.

(2) The commissioner may adopt rules necessary to implement this part. Any proposed administrative rules must be submitted to the board for review and comment before the proposed rules are submitted to the secretary of state.