D.C. Mun. Regs. tit. 26, r. 26-C2202

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 26-C2202 - WAIVER OF PERMISSIBLE INVESTMENTS AND STATUTORY TRUST
2202.1

An applicant that seeks a waiver of the permissible investments and statutory trust requirement of section 6 of the Act shall file a request for a waiver of the permissible investments and statutory trust requirement with the Department.

2202.2

A request for a waiver of the requirements of section 6 of the Act shall be made in writing and shall include an explanation of the reason(s) the applicant is seeking the waiver. The request also shall include a calculation of the applicant's permissible investments and their aggregate market value, calculated in accordance with generally accepted accounting principles, and the amount of all outstanding payment instruments issued or sold by the applicant in the United States.

2202.3

Upon receipt of a request for a waiver pursuant to § 2202.2, the Department shall compare the applicant's total dollar volume of outstanding payment instruments to the applicant's posted bond or other security device as set forth in section 6 of the Act and shall determine if the dollar volume of the applicant's outstanding payment instruments does not exceed the bond or other security devices posted by the applicant pursuant to section 8 of the Act. In addition, the Department shall determine if just and reasonable cause exists for a waiver and if a waiver pursuant to § 2202.2 would be consistent with the purposes of the Act.

2202.4

Within sixty (60) days of receipt of a request for a waiver pursuant to § 2202.2 and upon completion of the review pursuant to § 2202.3, the Department shall determine whether to waive the permissible investments and statutory trust requirement of section 6 of the Act and whether to impose conditions for the waiver.

2202.5

A person that receives a waiver pursuant to § 2202.4 that contains conditions for the waiver shall comply with all of the conditions. In the event that any of the conditions are not satisfied, the waiver shall be deemed void.

D.C. Mun. Regs. tit. 26, r. 26-C2202

Final Rulemaking published at 50 DCR 10329, 10330-10331 (December 5, 2003)