(a) The Commissioner, in his discretion, may, under subsection (b) of this section, permit the use of a form that scores inadequately under § 31-4725(a)(1).
(b) Before the Commissioner permits the use of inadequately scoring forms, the Commissioner shall find that:
(1) A lower score more accurately reflects the readability of the form.
(2) The particular nature of the form or of a type of form warrants a lower passing score than required by § 31-4725(a)(1).
(3) Policy language drafted to conform with state law or state agency interpretation of the law has impaired the readability of the rest of the policy or has otherwise lowered the score for the rest of the policy.