§36-901.4. Hearings - Period of advisement - Additional
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information, analysis, consideration and investigation.
A. Not less than ten
(10)days in advance of a meeting to determine whether a hearing will be held, the Insurance Commissioner shall give notice to each insurer or organization making the filing, to each party to the filing and to any person who annually requests in writing to be notified of filings made pursuant to this act, of the date, time and location of any hearing or rehearing, the name of the insurer or organization making the filing and of the parties to the filing and a brief statement of the action requested in the filing.
B. Hearings shall be open to the public.
C. Any person aggrieved with respect to a rate filing may make written application to the Commissioner to participate in any hearing called by the Commissioner. If the Commissioner finds the application to be supported by reasonable grounds, it may allow the applicant to appear in person or by counsel.
At the conclusion of any formal hearing and before the final closing of such hearing, any party in interest upon timely request shall be granted, as a matter of right, a continuance of twenty-four
(24)hours for the purpose of making examination and analyses of documents introduced in the hearing.
D. The evidentiary procedures of the Administrative Procedures Act shall apply to hearings conducted pursuant to this act.
E. Upon written request seasonably made by a person affected by the hearing, and at such person's expense, the Commissioner shall cause a full stenographic record of the proceedings to be made by a competent court reporter. If transcribed, such record shall be a part of the Commissioner’s record of the hearing, and a copy of such
stenographic record shall be furnished to any other party having a direct interest therein at the request and expense of such party.
F. Following a hearing on a filing made pursuant to this act, the Commissioner may take the matter under advisement for up to thirty
(30)calendar days, subject to the provisions of Section 903 of this title.
G. At any time during the pendency of a filing, the Commissioner may:
1. Require the submission of additional information by any party to the filing;
2. Solicit proposals for independent analysis of the filing by qualified technicians, such technicians to be chosen pursuant to the provisions of Section 332 of this title;
3. Consider the findings of its employees or the technician; and
4. Conduct other or additional investigations including additional hearings. Added by Laws 1987, c. 210, § 16, eff. July 1, 1987. Amended by Laws 1991, c. 204, § 8, eff. Sept. 1, 1991; Laws 2006, c. 264, § 13, eff. July 1, 2006.