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Title 26 Insurance Code

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Change 1

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As published

26-48-107. Hearings.

(a) An insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any of the following determinations or actions by the commissioner: (i) Notification to an insurer by the commissioner of an adjusted RBC report; (ii) Notification to an insurer by the commissioner that: (A) The insurer's RBC plan or revised RBC plan is unsatisfactory; and (B) The notification constitutes a regulatory action level event with respect to the insurer. (iii) Notification to any insurer by the commissioner that the insurer has failed to adhere to its RBC plan or revised RBC 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 RBC plan or revised RBC plan; or (iv) Notification to an insurer by the commissioner of a corrective order with respect to the insurer. (b) An insurer seeking a hearing under this section shall notify the commissioner of its request for a hearing within five (5) days after the notification by the commissioner under subsection (a) of this section. Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing, which shall be no less than ten (10) nor more than thirty (30) days after the date of the insurer's request.

Your change, as a redline

26-48-107. Hearings.

(a) An insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any of the following determinations or actions by the commissioner: (i) Notification to an insurer by the commissioner of an adjusted RBC report; (ii) Notification to an insurer by the commissioner that: (A) The insurer's RBC plan or revised RBC plan is unsatisfactory; and (B) The notification constitutes a regulatory action level event with respect to the insurer. (iii) Notification to any insurer by the commissioner that the insurer has failed to adhere to its RBC plan or revised RBC 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 RBC plan or revised RBC plan; or (iv) Notification to an insurer by the commissioner of a corrective order with respect to the insurer. (b) An insurer seeking a hearing under this section shall notify the commissioner of its request for a hearing within five (5) days after the notification by the commissioner under subsection (a) of this section. Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing, which shall be no less than ten (10) nor more than thirty (30) days after the date of the insurer's request.

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