§ 58-45-50. Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court. - North Carolina Statutes

§ 58‑45‑50. Appeal from acts of Association to Commissioner; appeal from Commissioner tosuperior court.

(a)        Any person or anyinsurer who may be aggrieved by an act, ruling, or decision of the Associationother than an act, ruling, or decision relating to (i) the cause or amount of aclaimed loss or (ii) the reasonableness of expenses incurred by an insurer inadjusting windstorm and hail losses, may, within 30 days after the ruling,appeal to the Commissioner. Any hearings held by the Commissioner under theappeal shall be in accordance with rules adopted by the Commissioner: Provided,however, the Commissioner is authorized to appoint a member of theCommissioner's staff as deputy commissioner for the purpose of hearing thoseappeals and a ruling based upon the hearing shall have the same effect as ifheard by the Commissioner. All persons or insureds aggrieved by any order ordecision of the Commissioner may appeal as is provided in G.S. 58‑2‑75.

(b)        No later than 10days before each hearing, the appellant shall file with the Commissioner or theCommissioner's designated hearing officer and shall serve on the appellee awritten statement of the appellant's case and any evidence that the appellantintends to offer at the hearing. No later than five days before the hearing,the appellee shall file with the Commissioner or the designated hearing officerand shall serve on the appellant a written statement of the appellee's case andany evidence that the appellee intends to offer at the hearing. Each hearing shallbe recorded and may be transcribed. If the matter is between an insurer and theAssociation, the cost of the recording and transcribing shall be borne equallyby the appellant and appellee; provided that upon any final adjudication theprevailing party shall be reimbursed for his share of such costs by the otherparty. If the matter is between an insured and the Association, the cost oftranscribing shall be borne equally by the appellant and appellee; providedthat the Commissioner may order the Association to pay recording ortranscribing costs for which the insured is financially unable to pay. Eachparty shall, on a date determined by the Commissioner or the designated hearingofficer, but not sooner than 15 days after delivery of the completed transcriptto the party, submit to the Commissioner or the designated hearing officer andserve on the other party, a proposed order. The Commissioner or the designatedhearing officer shall then issue an order. (1967, c. 1111, s. 1; 1969, c. 249; 1985, c. 516, s.3; 1989 (Reg. Sess., 1990), c. 1069, s. 18; 1991, c. 720, s. 4; 1999‑219,s. 1.2; 2001‑421, s. 4.2.)