Hearing on Examination Warrants

PURPOSE: This rule establishes procedures for a hearing conducted to review cause to issue a market conduct examination warrant pursuant to sections 374.202 to 374.207, RSMo. (1) Any insurer or other company served with an examination warrant may request a hearing before the director within fifteen (15) days of the date of service of the examination warrant. If a hearing is requested, the director will schedule an expedited hearing within twenty (20) days of the request to review whether the director a) had a reasonable belief of cause to issue the examination warrant; or b) had a reasonable belief supporting the time period set forth in the examination warrant, if longer than three (3) years. The director may issue orders necessary to protect the identity of a confidential source. The director may vacate, set aside, modify, or affirm the examination warrant. (2) If the director fails to make a final determination within twenty (20) days of the hearing, the examination warrant is deemed affirmed and may be executed, and the administrative determination is final for purposes of review. Any final determination of the director is subject to judicial review pursuant to section 536.100, RSMo, but during the pendency of judicial review, the execution of the examination warrant shall not be delayed and is enforceable, unless stayed by a reviewing court pursuant to section 536.120, RSMo. AUTHORITY: sections 374.045, 374.205, and 374.207, RSMo 2016.* Original rule filed April 1, 2008, effective Nov. 30, 2008. Amended: Filed Dec. 13, 2018, effective July 30, 2019. *Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 374.205, RSMo 1992, amended 1997, 1999, 2016; and 374.207, RSMo 1992.