This text of North Dakota § 26.1-03.2-07 (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 the occurrence of any of the following events, the health organization shall have the
right to a confidential departmental hearing, on a record, at which the health organization may
challenge any determination or action by the commissioner. The health organization shall notify
the commissioner of its request for a hearing within five days after the notification by the
commissioner under subsection 1, 2, 3, or 4. Upon receipt of the health organization's request
for a hearing, the commissioner shall set a date for the hearing, which may not be less than ten
nor more than thirty days after the date of the health organization's request. The events include:
1.Notification to a health organization by the commissioner of an adjusted risk-based
capital report;
2.Notification to a health or
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Upon the occurrence of any of the following events, the health organization shall have the
right to a confidential departmental hearing, on a record, at which the health organization may
challenge any determination or action by the commissioner. The health organization shall notify
the commissioner of its request for a hearing within five days after the notification by the
commissioner under subsection 1, 2, 3, or 4. Upon receipt of the health organization's request
for a hearing, the commissioner shall set a date for the hearing, which may not be less than ten
nor more than thirty days after the date of the health organization's request. The events include:
1. Notification to a health organization by the commissioner of an adjusted risk-based
capital report;
2. Notification to a health organization by the commissioner that:
a. The health organization's risk-based capital plan or revised risk-based capital
plan is unsatisfactory; and
b. Notification constitutes a regulatory action level event with respect to the health
organization;
3. Notification to a health organization by the commissioner that the health organization
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 health organization
to eliminate the company action level event with respect to the health organization in
accordance with its risk-based capital plan or revised risk-based capital plan; or
4. Notification to a health organization by the commissioner of a corrective order with
respect to the health organization.