§ 26-48-107 — (vii) If the insurer challenges a determination by the commissioner under paragraph (vi) of this subsection pursuant to W.S. 26-48-107, the notification by the commissioner to the insurer that the commissioner has, after a hearing, rejected the challenge; (viii) Notification by the commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the commissioner has so stated in the notification, provided the insurer has not challenged the determination under W.S. 26-48-107; or (ix) If the insurer challenges a determination by the commissioner under paragraph (viii) of this subsection pursuant to W.S. 26-48-107, the notification by the commissioner to the insurer that the commissioner has, after a hearing, rejected the challenge, unless the failure of the insurer to adhere to its RBC plan or revised RBC plan has no substantial adverse effect on the ability of the insurer to eliminate the regulatory action level event with respect to the insurer

(b) In the event of a regulatory action level event the
commissioner shall:
(i) Require the insurer to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;
(ii) Perform an examination or analysis as he deems
necessary of the assets, liabilities and operations of the
insurer including a review of its RBC plan or revised RBC plan;
and
(iii) Subsequent to the examination or analysis,
issue an order specifying the corrective actions he determines
are required.
(c) In determining corrective actions, the commissioner
may take into account factors deemed relevant with respect to
the insurer based upon his examination or analysis of the
assets, liabilities and operations of the insurer, including,
but not limited to, the results of any sensitivity tests
undertaken pursuant to the RBC instructions. The RBC plan or
revised RBC plan shall be submitted:
(i) Within forty-five (45) days after the occurrence
of the regulatory action level event;
(ii) If the insurer challenges an adjusted RBC report
under W.S. 26-48-107, within forty-five (45) days after the
notification to the insurer that the commissioner has, after a
hearing, rejected the insurer's challenge; or
(iii) If the insurer challenges a revised RBC plan
under W.S. 26-48-107, within forty-five (45) days after
notification to the insurer that the commissioner has, after a
hearing, rejected the insurer's challenge.
(d) The commissioner may retain actuaries and investment
experts and other consultants necessary in the judgment of the
commissioner to review the insurer's RBC plan or revised RBC
plan, examine or analyze the assets, liabilities and operations
of the insurer and formulate the corrective order with respect
to the insurer. The fees, costs and expenses relating to
consultants shall be borne by the affected insurer or other
party as directed by the commissioner.