26:2J-22 - Administrative procedures - New Jersey Statutes

26:2J-22.  Administrative procedures
    a.  When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the  suspension or revocation of a certificate of authority exist, he shall notify  the health maintenance organization and the Commissioner of Insurance in  writing specifically stating the grounds for denial, suspension, or revocation  and fixing a time of at least 20 days thereafter for a hearing on the matter.

    b.  The Commissioner of Insurance, or his designated representative, shall be in attendance at the hearing and shall participate in the proceedings.  The recommendation and findings of the Commissioner of Insurance with respect to matters relating to the doing of an insurance business or contract with an insurer or hospital or medical services corporation, provided in connection with any decision regarding denial, suspension, or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner.  After such hearing, or upon the failure of the health maintenance organization to appear at such hearing, the commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the Commissioner of Insurance.  The action of the commissioner and the recommendation and findings of the Commissioner of Insurance and the levy of any administrative penalty shall be subject to judicial review in accordance with chapter 34 of Title 17B of the New Jersey Statutes.

    c.  The provisions of the Administrative Procedure Act, P.L.1968, c. 410 (C.  52:14B-1 et seq.) of this State shall apply to proceedings under this section  to the extent they are not in conflict with subsections a. and b. of this  section.

     L.1973, c. 337, s. 22, eff. Dec. 27, 1973.