40-2112. Review of plan; approval; disapproval; notice and hearing; order specifying defect in plan; amendment of plan; assignment made under plan.
40-2112
40-2112. Review of plan; approval; disapproval; notice andhearing; order specifying defect in plan; amendment of plan; assignmentmade under plan.The commissioner of insurance shall review any plan proposed pursuant toK.S.A. 40-2111, as soon as reasonably possibleafter the same is filed, in order to determine whether it meets therequirements set forth in said K.S.A. 40-2111; and as soon as reasonablypossible after the plan has been filed, the commissioner shall inwriting approve or disapprove the same: Provided, That any planshall be deemed approved unless disapproved within forty-five (45) daysafter its submission, but subsequent to any plan receiving approval insuch manner, the commissioner may disapprove said plan if it does notmeet the requirements set forth in K.S.A. 40-2111,but only after: (1) A hearing has been held upon not less than ten (10)days' written notice to every insurer and rating organization whichwould be affected by such ruling, specifying the matter to be consideredat such hearing; and (2) the commissioner has issued an order specifyingin what respect he finds that such plan fails to meet such requirements,and stating when, within a reasonable period thereafter, such plan shallbe deemed no longer effective. Such order shall not affect anyassignment made or any policy issued or made prior to the expiration ofthe period set forth in said order, and it shall require that amendmentsof such plan or plans shall be prepared, filed and reviewed in the samemanner as herein provided with respect to the original plan or plans.
History: L. 1969, ch. 238, § 2; July 1.