The commissioner may authorize a lower score than the Flesch reading ease score required in 33-15-325 (1)(a) whenever, in in the commissioner's sole discretion, the commissioner 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 that is drafted to conform to the requirements of any state law, regulation, or agency interpretation.