Section 23-63-1507 - HearingsOn the occurrence of the following events the health organization shall have the right to a confidential departmental hearing, on a record, at which the health organization may challenge a determination or action by the Insurance Commissioner. The health organization shall notify the commissioner of its request for a hearing within five (5) days after the notification by the commissioner under subdivisions (1)-(4) of this section. On receipt of the health organization's request for a hearing, the commissioner shall set a date for the hearing which shall be no less than ten (10) nor more than thirty (30) days after the date of the health organization's request. The events include:
(1) The notification to a health organization by the commissioner of an adjusted RBC report;(2) The notification to a health organization by the commissioner that: (A) The health organization's RBC plan or revised RBC plan is unsatisfactory; and(B) The notification constitutes a regulatory action level event with respect to the health organization;(3) The notification to a health organization by the commissioner that the health organization 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 health organization to eliminate the company action level event with respect to the health organization according to its RBC plan or revised RBC plan; or(4) The notification to a health organization by the commissioner of a corrective order with respect to the health organization.Acts 1999, No. 580, § 7; 2011, No. 760, § 5.