The Insurance Commissioner may authorize a lower score than the Flesch reading ease score required in § 23-80-206(a)(1) whenever, in the commissioner's discretion, he or she finds that a lower score:
(1) Will provide a more accurate reflection of the readability of a policy form;
(2) Is warranted by the nature of a particular policy form or type or class of policy forms; or
(3) Is caused by certain policy language which is drafted to conform to the requirements of any state law, rule, or agency interpretation.