§33-40-7 Hearings. - West Virginia Statutes

§33-40-7. Hearings.
Insurers have the right to a confidential departmental hearing, on the record, at which the insurer may challenge any determination or action by the Commissioner made pursuant to the provisions of this article. The insurer shall notify the Commissioner of its request for a hearing within ten days after receiving notification from the Commissioner.

(a) Notification to an insurer by the Commissioner of an adjusted RBC report; or

(b) Notification to an insurer by the Commissioner that:

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

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

(c) Notification to any insurer by the Commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that the 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) Notification to an insurer by the Commissioner of a corrective order with respect to the insurer.

(e) Upon receipt of the insurer's request for a hearing, the Commissioner shall set a date for the hearing, which shall be no less than fifteen nor more than forty-five days after the date of the insurer's request.

(f) To the extent that the provisions of this section conflict with any other provisions applicable to HMOs, the provisions of this section apply.