Upon:
(1) notification to an insurer by the commissioner of an adjusted risk-based report;
(2) notification to an insurer by the commissioner that:
(i) the insurer's risk-based capital plan or revised risk-based capital plan is unsatisfactory; and
(ii) the notification constitutes a regulatory action level event with respect to the insurer;
(3) notification to an insurer by the commissioner that the insurer has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer according to its risk-based capital plan or revised risk-based capital plan; or
(4) notification to an insurer by the commissioner of a corrective order with respect to the insurer,
the insurer has the right to a confidential hearing conducted in accordance with chapter 14, on a record, at which the insurer may challenge any determination or action by the commissioner. The insurer shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under clause (1), (2), (3), or (4). Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing no less than ten nor more than 30 days after the date of the insurer's request.
History: 1995 c 253 s 8
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