He said "there is a great irony here" because regulators are making policy decisions and yet do not have the same transparency they often want from the insurance industry, choosing instead to operate in "a cloak of secrecy."

Mr. Stenehjem ruled that Jim Poolman, the state's insurance commissioner, had not violated state open meeting laws by participating in closed sessions conducted by the National Association of Insurance Commissioners.

The NAIC meeting earlier this month was attended by Rhode Island State Rep. Brian Kennedy, D-Hopkinton, who is vice president and president-elect of the National Conference of Insurance Legislators, and Kentucky State Rep. Robert Damron, D-Jessamine, NCOIL's treasurer.

Both legislators criticized the locked-door executive sessions, and Rep. Damron found his way in barred by a security guard.

Rep. Keiser and Rep. Wald had asked for an opinion on whether Commissioner Poolman and his staff:

o Had violated state open records law by participating in NAIC executive sessions.

o Whether North Dakota could pay dues to the NAIC to participate in policy and regulatory discussions and decisions if they occurred in nonpublic meetings.

o Whether it was acceptable to pay dues to the organization if state representatives only participate in NAIC sessions that are open to the public.

Mr. Stenehjem wrote in his decision that Mr. Poolman and his staff are not in violation of the open meetings law if they participate in public and nonpublic NAIC sessions.

According to his ruling, a state agency may pay membership dues to a national association such as the NAIC. (North Dakota pays $7,725 in dues to the NAIC, according to the Keiser/Wald letter.)

"Now that the sideshow is over," said Mr. Poolman following the ruling, the focus can return "to protecting consumers, creating a better insurance market and turning the attention to things that should be focused on, like saving state-based regulation and working with state legislators."

NAIC government affairs committee meetings, he said, are open, and "there is no grand conspiracy" in closing some meetings or portions of meetings. The Commissioners' Roundtable, Mr. Poolman noted, was attended by Rep. Kennedy.

In a recent interview with National Underwriter, Rep. Kennedy said he walked into the session with a commissioner and was allowed to stay. He had previously written protesting the closed sessions.

Mr. Poolman said the exclusion of Rep. Damron was an administrative error and "clearly was not an intentional act."

He noted the need for regulators and legislators to work together, saying, "The industry licks its chops whenever they divide and conquer us."

Catherine Weatherford, NAIC executive vice-president and CEO, wrote that the NAIC conducts its meetings in open sessions and invites "all interested parties to attend and participate."

She said that "a few regulator-to-regulator meetings are held, including those which involve discussions of ongoing investigations, litigation or financial solvency concerns related to specific companies. We welcome state legislator and other appropriate government representative participation in many of these regulator-to-regulator sessions."

On Rep. Damron's exclusion from the meeting, Ms. Weatherford said access is governed by badge color and monitored by temporary staff, and sometimes badge color alone is not enough to identify staff. She said a document "intended to allow greater legislator access to meetings was misinterpreted by a temporary door monitor."

Rep. Damron said he does not agree with the North Dakota attorney general's decision, noting that the NAIC takes up topics that should be public--such as the accreditation of states.

He said he has been told by commissioners and received a letter from the NAIC saying his name on a do-not-admit list at an NAIC Commissioners Roundtable was an error and apologizing for the mistake. "These are honest people and you have to take them at their word," he added.

Rep. Damron said it is important that both NCOIL and NAIC work together and continue dialogue because the "main goal of the NAIC and NCOIL is to maintain state oversight of the industry."