§ 27-4.7-8 - Hearings.
SECTION 27-4.7-8
§ 27-4.7-8 Hearings. – Upon the occurrence of any of the following events the health organization hasthe right to a confidential department hearing, on the record, at which thehealth organization may challenge any determination or action by thecommissioner. The health organization shall notify the commissioner of itsrequest for a hearing within five (5) days after the notification by thecommissioner under subdivisions (1), (2), (3), or (4) of this section. Uponreceipt of the health organization's request for a hearing, the commissionershall set a date for the hearing, which shall be no less than ten (10) days normore than thirty (30) days after the date of the health organization's request.The events include:
(1) Notification to a health organization by the commissionerof an adjusted RBC report;
(2) Notification to a health organization by the commissionerthat:
(i) The health organization's RBC plan or revised RBC plan isunsatisfactory; and
(ii) Notification constitutes a regulatory action level eventwith respect to the health organization;
(3) Notification to a health organization by the commissionerthat the health organization has failed to adhere to its RBC plan or revisedRBC plan and that the failure has a substantial adverse effect on the abilityof the health organization to eliminate the company action level event withrespect to the health organization in accordance with its RBC plan or revisedRBC plan; or
(4) Notification to a health organization by the commissionerof a corrective order with respect to the health organization.