§ 26-2-125 — Commissioner's hearings; generally; when required; request for hearing; stay

Wyoming § 26-2-125

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 2: THE INSURANCE COMMISSIONER

Text

(a) The commissioner may hold a hearing without request by
others for any purpose within the scope of this code.
(b) The commissioner shall hold a hearing:
(i) If required by this code or the Wyoming
Administrative Procedure Act; or
(ii) Upon written request therefor by a person
aggrieved by any act, threatened act or failure of the
commissioner to act, or by any report, rule, regulation or order
of the commissioner, other than an order for the holding of a
hearing, or an order on a hearing or pursuant to the order, of
which the person had notice.
(c) Any request for hearing shall be filed in the
department within ninety (90) days after the person knows or
reasonably should know of the act, threatened act, failure,
report or order, unless a different period is provided for by
other laws applicable to a particular matter, in which case the
other law governs. A hearing as to the legality of a rule or
regulation may be requested within ninety (90) days after the
person knows or reasonably should know of the application or
proposed application of the rule or regulation as to the person
in a particular instance.
(d) Any request for hearing shall summarize the
information and grounds to be relied upon as a basis for the
relief to be sought at the hearing.
(e) If the commissioner finds that the request is made in
good faith, that the person would be aggrieved if his grounds
are established and that the grounds otherwise justify the
hearing, he shall hold the hearing within thirty (30) days from
the date the request is filed, unless postponed by mutual
consent. Failure to hold the hearing upon request of a person
entitled thereto as provided in this section constitutes a
denial of the relief sought and is the equivalent of a final
order of the commissioner for the purpose of an appeal under
W.S. 26-2-129.
(f) Any request for hearing the commissioner receives
prior to the effective date of action he takes or proposes to
take stays the action pending the hearing, except as to action
taken or proposed under an order:
(i) On hearing;
(ii) Pursuant to an order on hearing;
(iii) To make good an impairment of the capital funds
of an insurer; or
(iv) Made pursuant to chapter 14 of this code.
(g) If an automatic stay is not provided for, and if the
commissioner after written request therefor fails to grant a
stay, the person aggrieved may apply to the district court of
Laramie county for a stay of the commissioner's action.