Sec. 14.09.12.05. Hearing Procedure

A. Notice of Agency Action.

(1) If the Commission has reasonable cause to believe that an insurer has violated Regulation .03 of this chapter, the Commission shall give reasonable notice of the alleged violation and the action the Commission proposes to take.

(2) The notice shall state:

(a) The facts that are asserted;

(b) If the facts cannot be stated in detail when the notice is given, the issues that are involved;

(c) The potential penalty that could be imposed;

(d) That the recipient has a right to request a hearing;

(e) That any request for a hearing shall be in writing and received by the Commission within 20 days of the date of the notice; and

(f) That if a hearing is not requested within the time allowed, the Commission shall render its decision on the basis of its own investigation.

B. Notice of Hearing.

(1) If a hearing is requested, the Commission shall mail a notice of the hearing 20 days before the date set for the hearing.

(2) The notice shall state:

(a) The date, time, place, and nature of the hearing;

(b) That the insurer may submit a written statement 5 days before the hearing;

(c) That the insurer may present oral argument at the hearing;

(d) That the insurer may call witnesses and submit documents or other evidence relative to the issues contained in the notice; and

(e) That the insurer may agree to the evidence and waive its right to appear at the hearing.

C. Postponement.

(1) An insurer may request a postponement in writing 5 days before the hearing.

(2) If an insurer fails to appear at a hearing, and has not requested a postponement, the Commission may either:

(a) Proceed with the hearing; or

(b) Make its decision on the record before it.

D. Disposition. A hearing may not be adjourned or continued except upon order of the Commission.