31A-17-607 - Hearings. - Utah Statutes

31A-17-607. Hearings.
(1) (a) Following receipt of a notice described in Subsection (2), the insurer or healthorganization shall have the right to a confidential departmental hearing at which the insurer orhealth organization may challenge any determination or action by the commissioner.
(b) The insurer or health organization shall notify the commissioner of its request for ahearing within five days after the notification by the commissioner under Subsections31A-17-604(1), (2), and (3).
(c) Upon receipt of the insurer's or health organization's request for a hearing, thecommissioner shall set a date for the hearing, which date shall be no less than 10 nor more than30 days after the date of the insurer's or health organization's request.
(2) An insurer or health organization has the right to a hearing under Subsection (1) after:
(a) notification to an insurer or health organization by the commissioner of an adjustedRBC report;
(b) notification to an insurer or health organization by the commissioner that:
(i) the insurer's or health organization's RBC plan or revised RBC plan is unsatisfactory;and
(ii) the notification constitutes a regulatory action level event with respect to the insureror health organization;
(c) notification to any insurer or health organization by the commissioner that the insureror health organization has failed to adhere to its RBC plan or revised RBC plan and that thefailure has substantial adverse effect on the ability of the insurer or health organization toeliminate the company action level event with respect to the insurer or health organization inaccordance with its RBC plan or revised RBC plan; or
(d) notification to an insurer or health organization by the commissioner of a correctiveorder with respect to the insurer or health organization.

Amended by Chapter 116, 2001 General Session