48.05.460 - Insurer's right to a hearing -- Request -- Commissioner sets date. - Washington Statutes

Insurer's right to a hearing — Request — Commissioner sets date.

(1) Upon notification to an insurer by the commissioner of any of the following, the insurer shall have the right to a hearing, in accordance with chapters 48.04 and 34.05 RCW, at which the insurer may challenge any determination or action by the commissioner:

     (a) Of an adjusted RBC report; or

     (b)(i) That the insurer's RBC plan or revised RBC plan is unsatisfactory; and

     (ii) The notification constitutes a regulatory action level event with respect to such insurer; or

     (c) That the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or

     (d) Of a corrective order with respect to the insurer.

     (2) The insurer shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under this section. Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing. The date shall be no less than ten nor more than thirty days after the date of the insurer's request.

[1995 c 83 § 7.]