In order to assure fair implementation of Section 38-73-1100, the department shall promulgate a regulation concerning the calculation and refunding of excess profits. The regulation shall include consideration of:
(1) the total operating profits of each insurer in this State for the lines of insurance enumerated in Section 38-73-1100;
(2) the margin by which any insurer's operating results differ from the insurance industry's total results;
(3) the amount of excessive profits earned after the effective date of the refund provision of Section 38-73-1100;
(4) the insurers that operate in this State as affiliates of a group; and
(5) the development period used to determine if unpaid losses are fairly estimated.