26.1-03.2-07. Hearings

26.1-03.2-07. Hearings Upon the occurrence of any of the following events, the health organization shall have the right to a confidential departmental hearing, on a record, at which the health organization may challenge any determination or action by the commissioner. The health organization shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under subsection 1, 2, 3, or 4. Upon receipt of the health organization's request for a hearing, the commissioner shall set a date for the hearing, which may not be less than ten nor more than thirty days after the date of the health organization's request. The events include: 1. Notification to a health organization by the commissioner of an adjusted risk-based capital report; 2. Notification to a health organization by the commissioner that: a. The health organization's risk-based capital plan or revised risk-based capital plan is unsatisfactory; and b. Notification constitutes a regulatory action level event with respect to the health organization; 3. Notification to a health organization by the commissioner that the health organization has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has a substantial adverse effect on the ability of the health organization to eliminate the company action level event with respect to the health organization in accordance with its risk-based capital plan or revised risk-based capital plan; or 4. Notification to a health organization by the commissioner of a corrective order with respect to the health organization.