§ 58-37-65. Hearings; review.
§58‑37‑65. Hearings; review.
(a) Any applicant for apolicy from any carrier, any person insured under such a policy, any member ofthe Facility and any agent duly licensed to write motor vehicle insurance, mayrequest a formal hearing and ruling by the Board of Governors of the Facilityon any alleged violation of or failure to comply with the plan of operation orthe provisions of this Article or any alleged improper act or ruling of theFacility directly affecting him as to coverage or premium or in the case of amember directly affecting its assessment, and in the case of an agent, anymatter affecting his appointment to a carrier or his account therewith. Therequest for hearing must be made within 15 days after the date of the allegedviolation or improper act or ruling. The hearing shall be held within 15 daysafter the receipt of the request. The hearing may be held by any panel of theBoard of Governors consisting of not less than three members thereof, and theruling of a majority of the panel shall be deemed to be the formal ruling ofthe Board, unless the full Board on its own motion shall modify or rescind theaction of the panel.
(b) Any formal rulingby the Board of Governors may be appealed to the Commissioner by filing noticeof appeal with the Facility and Commissioner within 30 days after issuance ofthe ruling.
(c) The Commissionershall, after a hearing held on not less than 30 days written notice to theappellant and to the Board, (i) issue an order approving the decision of theBoard or (ii) after setting out the findings and conclusions as to how theaction of the Board is not in accordance with the plan of operation, theStandard Practice Manual, or other provisions of this Article, direct the Boardto reconsider its decision. In the event the Commissioner directs the Board toreconsider its decision and the Board fails to take action in accordance withthe plan of operation, the Standard Practice Manual, or other provisions ofthis Article, the Commissioner may issue an order modifying the action of theBoard to the extent necessary to comply with the plan of operation, theStandard Practice Manual, or other provisions of this Article.
No later than 20 days beforeeach hearing, the appellant shall file with the Commissioner or his designatedhearing officer and shall serve on the appellee a written statement of his caseand any evidence he intends to offer at the hearing. No later than five daysbefore such hearing, the appellee shall file with the Commissioner or hisdesignated hearing officer and shall serve on the appellant a written statementof his case and any evidence he intends to offer at the hearing. Each suchhearing shall be recorded and transcribed. The cost of such recording andtranscribing shall be borne equally by the appellant and appellee; providedthat upon any final adjudication the prevailing party shall be reimbursed forhis share of such costs by the other party. Each party shall, on a datedetermined by the Commissioner or his designated hearing officer, but notsooner than 15 days after delivery of the completed transcript to the party,submit to the Commissioner or his designated hearing officer and serve on theother party, a proposed order. The Commissioner or his designated hearingofficer shall then issue an order.
(d) Any aggrievedperson or organization, any member of the Facility or the Facility may requesta public hearing and ruling by the Commissioner on the provisions of the planof operation, rules, regulations or policy forms approved by the Commissioner. The request for hearing shall specify the matter or matters to be considered. The hearing shall be held within 30 days after receipt of the request. TheCommissioner shall give public notice of the hearing and the matter or mattersto be considered not less than 15 days in advance of the hearing date.
(e) In any hearing heldpursuant to this section by the Board of Governors or the Commissioner, theBoard or the Commissioner as the case may be, shall issue a ruling or orderwithin 30 days after the close of the hearing.
(f) All rulings ororders of the Commissioner under this section shall be subject to judicialreview as approved in G.S. 58‑2‑75. (1973, c. 818, s. 1; 1989, c.424, s. 3; 1989 (Reg. Sess., 1990), c. 1069, s. 17.)