This text of North Dakota § 26.1-03.1-07 (Hearings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Upon any of the following, the insurer has the right to a confidential departmental hearing,
on a record, at which the insurer may challenge any determination or action by the
commissioner. The insurer shall notify the commissioner of the request for a hearing within five
days after the notification by the commissioner under subsection 1, 2, 3, or 4. Upon receipt of
the insurer's request for a hearing, the commissioner shall set a date for the hearing, which date
may be no less than ten nor more than thirty days after the date of the insurer's request.
1.Notification to an insurer by the commissioner of an adjusted risk-based capital report;
2.Notification to an insurer by the commissioner that:
a.The insurer's risk-based capital plan or revised risk-based capital plan is
unsatisfactor
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Upon any of the following, the insurer has the right to a confidential departmental hearing,
on a record, at which the insurer may challenge any determination or action by the
commissioner. The insurer shall notify the commissioner of the request for a hearing within five
days after the notification by the commissioner under subsection 1, 2, 3, or 4. Upon receipt of
the insurer's request for a hearing, the commissioner shall set a date for the hearing, which date
may be no less than ten nor more than thirty days after the date of the insurer's request.
1. Notification to an insurer by the commissioner of an adjusted risk-based capital report;
2. Notification to an insurer by the commissioner that:
a. The insurer's risk-based capital plan or revised risk-based capital plan is
unsatisfactory; and
b. Such notification constitutes a regulatory action level event with respect to the
insurer;
3. Notification to any 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 with respect to the insurer in accordance with its risk-based capital plan or
revised risk-based capital plan; or
4. Notification to an insurer by the commissioner of a corrective order with respect to the
insurer.