40-2d19. Hearing under Kansas administrative procedure act. - Kansas Statutes

40-2d19

Chapter 40.--INSURANCE Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS

      40-2d19.   Hearing under Kansas administrativeprocedure act.(a) Upon notification to a health organization by thecommissioner of an adjusted RBC report; or

      (b)   upon notification to an health organization by the commissioner that:

      (1)   The health organization's RBC plan or revised RBC plan is unsatisfactory;and

      (2)   such notification constitutes a regulatory action level event withrespect to such health organization; or

      (c)   upon notification to any health organization by the commissioner that thehealth organization has failed to adhere to its RBC plan or revised RBC planand that such failure has a substantial adverse effect on the ability of thehealth organization to eliminate the company action level event with respect tothe health organization in accordance with its RBC plan or revised RBC plan; or

      (d)   upon notification to an health organization by the commissioner of acorrective order with respect to the health organization, the healthorganization shall have the right to a hearing under the Kansas administrativeprocedure act, at which the health organization may challenge any determinationor action by the commissioner. The health organization shall notify thecommissioner of its request for ahearing within five days after the notification by the commissioner undersubsections (a), (b), (c) or (d). Upon receipt of the health organization'srequest for a hearing, the commissioner shall set a date for the hearing, whichdate shall be no less than 10 nor more than 30 days after receipt of the healthorganization's request. Such hearing shall be governed by K.S.A. 77-513 through77-532 and amendments thereto.

      History:   L. 2000, ch. 147, § 20; July 1.