§ 400-A:14 — Orders, Notices

I. The commissioner shall issue upon hearing such prohibitionary and mandatory orders as are reasonably necessary to secure compliance with insurance laws, rules, and regulations. Orders and notices of the commissioner shall be effective only when in writing signed by him or by his authority. Except as otherwise expressly provided by law as to particular orders, every order of the commissioner shall state its effective date and shall concisely state:
(a) its intent or purpose;
(b) the grounds on which it is based; and
(c) the provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the commissioner the right to rely thereon. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, prepaid, addressed to such person at his principal place of business or residence as last of record in the department. The order or notice shall be deemed to have been given when deposited in a depository of the United States Postal Service, and of which the affidavit of the individual who so mailed the order or notice shall be prima facie evidence.
II. If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.

Legislative History

1971, 244:1, eff. Aug. 17, 1971.