375.1265. Hearing, insurer's right to, when--procedures--judicial review of order, exceptions.
Hearing, insurer's right to, when--procedures--judicial review oforder, exceptions.
375.1265. 1. Upon:
(1) Notification to an insurer by the director of an adjusted RBCreport; or
(2) Notification to an insurer by the director that:
(a) The insurer's RBC plan or revised RBC plan is unsatisfactory; and
(b) Such notification constitutes a regulatory action level eventwith respect to such insurer; or
(3) Notification to any insurer by the director that the insurer hasfailed to adhere to its RBC plan or revised RBC plan and that such failurehas a substantial adverse effect on the ability of the insurer to eliminatethe company action level event with respect to the insurer in accordancewith its RBC plan or revised RBC plan; or
(4) Notification to an insurer by the director of a corrective orderwith respect to the insurer;
the insurer shall have the right to a confidential departmental hearing,with a record made, at which the insurer may challenge any determination oraction by the director. The insurer shall notify the director of itsrequest for a hearing within five days after the notification by thedirector pursuant to this subsection. Upon receipt of the insurer'srequest for a hearing, the director shall set a date for the hearing, whichdate shall be no less than ten nor more than thirty days after the date ofthe insurer's request.
2. An insurer aggrieved by an order of the director after a hearingpursuant to subsection 1 of this section may obtain judicial review of suchorder pursuant to sections 536.100 to 536.140, RSMo, except that:
(1) No insurer shall be deemed aggrieved unless the director haseither:
(a) Made the director's order public; or
(b) Taken action pursuant to sections 375.1250 to 375.1275 orpursuant to sections 375.1165 to 375.1246; or
(c) Issued a corrective order after the hearing;
(2) If the director has taken action as described in paragraph (b) ofsubdivision (1) of subsection 1 of this section, judicial review pursuantto this section shall be consolidated with and be pendent to the actionpursuant to the director's action.
3. There shall be no judicial review of any action by the directorpursuant to sections 375.1250 to 375.1275 except as provided in subsection2 of this section.
(L. 1993 H.B. 709 § 7, A.L. 1996 S.B. 759)