Current through March 29, 2024
Section 521E.7 - Confidential hearings1. An insurer shall notify the commissioner of the insurer's request for a confidential hearing within five days after the occurrence of any of the following: a. Notification to an insurer by the commissioner of an adjusted risk-based capital report.b. Notification to an insurer by the commissioner of both of the following:(1) The insurer's risk-based capital plan or revised risk-based capital plan is unsatisfactory.(2) That the notification pursuant to this paragraph constitutes a regulatory-action-level event with respect to the insurer.c. Notification to an insurer by the commissioner that the insurer has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has a substantial adverse effect on the ability of the insurer to eliminate the company-action-level event in accordance with its risk-based capital plan or revised risk-based capital plan.d. Notification to an insurer by the commissioner of a corrective order with respect to the insurer.2. An insurer receiving a notification pursuant to subsection 1 is entitled to a confidential hearing before the insurance division, at which the insurer may challenge a determination or action by the commissioner. Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing, which shall be not less than ten or more than thirty days after the date of the insurer's request.Referred to in §521E.3, 521E.4, 521E.5, 521E.6