18 Del. Admin. Code § 203-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 203-6.0 - Response to Notice

6.1 Within thirty (30) days following the filing of the notice required by section 5.1 of these regulations, the Insurance Commissioner shall determine whether the proposed activities described therein should be approved or disapproved in whole or in part. If approved in whole or in part, the Commissioner shall forthwith issue a certificate of authority to engage in those activities which have been approved to the insurance division or subsidiary filing such notice. If disapproved in whole or in part, the Commissioner shall, pursuant to 29 Del.C. § 10131(c), give written notice to the insurance division or subsidiary of such disapproval and the reasons therefor. Such notice shall also:

6.1.1 Inform the insurance division or subsidiary that it has a right to demand a hearing on its previously filed notice at which hearing

6.1.2 the insurance division or subsidiary would have the right to present relevant evidence,

6.1.3 to be represented by counsel, and

6.1.4 to appear personally or by other representative; and that the Commissioner is obligated to reach his decision based upon substantial evidence of record; and

6.1.5 Inform the insurance subsidiary or division of the period, not less than ten (10) days from the date of such notice, during which it may request a hearing on its previously filed notice.

6.2 Should the insurance division or subsidiary request a hearing under this paragraph, the Commissioner shall fix a date for such hearing and shall provide at least twenty (20) days advance notice of hearing date to the insurance division or subsidiary.

18 Del. Admin. Code § 203-6.0