Mo. Code Regs. tit. 20 § 100-8.008
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 20 CSR 100-8.008 - Hearing on Examination WarrantsPURPOSE: This amendment clarifies the rule by correctly referencing statutory authority, expands the grounds upon which an insurer may challenge an examination warrant, and provides that a reviewing court may stay the execution of an examination warrant upon judicial appeal of an administrative ruling affirming the issuance of an examination warrant.
PURPOSE: This rule establishes procedures for a hearing conducted to review cause to issue a market conduct examination warrant pursuant to sections 374.202 to 374.207, RSMo.
(1) Any insurer or other company served with an examination warrant may request a hearing before the director within fifteen (15) days of the date of service of the examination warrant. If a hearing is requested, the director will schedule an expedited hearing within twenty (20) days of the request to review whether the director a) had a reasonable belief of cause to issue the examination warrant; or b) had a reasonable belief supporting the time period set forth in the examination warrant, if longer than three (3) years. The director may issue orders necessary to protect the identity of a confidential source. The director may vacate, set aside, modify, or affirm the examination warrant.(2) If the director fails to make a final determination within twenty (20) days of the hearing, the examination warrant is deemed affirmed and may be executed, and the administrative determination is final for purposes of review. Any final determination of the director is subject to judicial review pursuant to section 536.100, RSMo, but during the pendency of judicial review, the execution of the examination warrant shall not be delayed and is enforceable, unless stayed by a reviewing court pursuant to section 536.120, RSMo. AUTHORITY: sections 374.045 and 374.205, RSMo 2000 and section 374.055, RSMo Supp. 2007.* Original rule filed April 1, 2008, effective Nov. 30, 2008. Amended by Missouri Register June 3, 2019/Volume 44, Number 11, effective 7/31/2019*Original authority: 374.045, RSMo 1967, amended 1993, 1995; 374.055, RSMo 2007; and 374.205, RSMo 1992, amended 1997, 1999.