§ 27-8-31-12 — Disapproval; appeal; monitoring

(a) Not later than thirty (30) days after the
commission has given notice of a disapproved product or advertisement
filed with the commission, the insurer or third party filer whose filing
was disapproved may appeal the determination to a review panel
appointed by the commission. The commission shall adopt rules to
establish procedures for appointing the review panels and provide for
notice and hearing. An allegation that the commission, in disapproving
a product or an advertisement filed with the commission, acted
arbitrarily, capriciously, or in a manner that is an abuse of discretion or
otherwise not in accordance with the law, is subject to judicial review
in accordance with section 3(e) of this chapter.
(b) The commission shall monitor, review, and reconsider products
and advertisement subsequent to their filing or approval upon a finding
that the product does not meet the relevant uniform standard. If
appropriate, the commission may withdraw or modify the commission's
approval after proper notice and hearing, subject to the appeal process
in subsection (a).

Legislative History

As added by P.L.138-2005, SEC.3.