S.D. Admin. R. 20:06:36:21

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:06:36:21 - Hearings

An insurer or health organization may challenge any determination or action by the director by requesting the director for a confidential division hearing within five days after notice to an insurer or health organization by the director for one of the following reasons:

(1) Notice of an adjusted RBC report:

(2) Notice that the insurer's or health organization's RBC plan or revised RBC plan is unsatisfactory and the notice constitutes a regulatory action level event;

(3) Notice that the insurer or health organization has failed to adhere to its RBC plan or revised RBC plan and that the failure has a substantial adverse effect on the ability of the insurer or health organization to eliminate the company action level event in accordance with its RBC plan or revised RBC plan; or

(4) Notice of a corrective order.

Upon receipt of the insurer's or health organization's request for a hearing, the director shall set a date for the hearing which is at least 10 but not more than 30 days after the date of the insurer's or health organization's request.

S.D. Admin. R. 20:06:36:21

23 SDR 228, effective 7/3/1997; 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 58-4-48.

Law Implemented: SDCL 58-4-48.