§ 6714. — Expedited and equalized dispute resolution for Federal regulators.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6714]
TITLE 15--COMMERCE AND TRADE
CHAPTER 93--INSURANCE
SUBCHAPTER I--STATE REGULATION OF INSURANCE
Sec. 6714. Expedited and equalized dispute resolution for
Federal regulators
(a) Filing in Court of Appeals
In the case of a regulatory conflict between a State insurance
regulator and a Federal regulator regarding insurance issues, including
whether a State law, rule, regulation, order, or interpretation
regarding any insurance sales or solicitation activity is properly
treated as preempted under Federal law, the Federal or State regulator
may seek expedited judicial review of such determination by the United
States Court of Appeals for the circuit in which the State is located or
in the United States Court of Appeals for the District of Columbia
Circuit by filing a petition for review in such court.
(b) Expedited review
The United States Court of Appeals in which a petition for review is
filed in accordance with subsection (a) of this section shall complete
all action on such petition, including rendering a judgment, before the
end of the 60-day period beginning on the date on which such petition is
filed, unless all parties to such proceeding agree to any extension of
such period.
(c) Supreme Court review
Any request for certiorari to the Supreme Court of the United States
of any judgment of a United States Court of Appeals with respect to a
petition for review under this section shall be filed with the Supreme
Court of the United States as soon as practicable after such judgment is
issued.
(d) Statute of limitation
No petition may be filed under this section challenging an order,
ruling, determination, or other action of a Federal regulator or State
insurance regulator after the later of--
(1) the end of the 12-month period beginning on the date on
which the first public notice is made of such order, ruling,
determination or other action in its final form; or
(2) the end of the 6-month period beginning on the date on which
such order, ruling, determination, or other action takes effect.
(e) Standard of review
The court shall decide a petition filed under this section based on
its review on the merits of all questions presented under State and
Federal law, including the nature of the product or activity and the
history and purpose of its regulation under State and Federal law,
without unequal deference.
(Pub. L. 106-102, title III, Sec. 304, Nov. 12, 1999, 113 Stat. 1409.)
Section Referred to in Other Sections
This section is referred to in section 6701 of this title.
