40-2c19. Hearing under Kansas administrative procedure act.
40-2c19
40-2c19. Hearing under Kansas administrative procedure act.(a) Upon notification to an insurer by the commissioner of anadjusted RBC report; or
(b) upon notification to an insurer by the commissioner that:
(1) The insurer's RBC plan or revised RBC plan is unsatisfactory; and
(2) such notification constitutes a regulatory action level event withrespect to such insurer; or
(c) upon notification to any insurer by the commissioner that the insurerhas failed to adhere to its RBC plan or revised RBC plan and that such failurehas a substantial adverse effect on the ability of the insurer to eliminate thecompany action level event with respect to the insurer in accordance with itsRBC plan or revised RBC plan; or
(d) upon notification to an insurer by the commissioner of a correctiveorder with respect to the insurer,
the insurer shall have the right to a hearing under the Kansas administrativeprocedure act, at which the insurer may challenge any determination or actionby the commissioner. The insurer shall notify the commissioner of its requestfor a hearing within five days after the notification by the commissioner undersubsections (a), (b), (c) or (d). Upon receipt of the insurer's request for ahearing, the commissioner shall set a date for the hearing, which date shall beno less than 10 nor more than 30 days after receipt of the insurer's request. Such hearing shall be governed by K.S.A. 77-513 through 77-532 and amendmentsthereto.
History: L. 1994, ch. 138, § 19; July 1.