D.C. Mun. Regs. tit. 26, r. 26-A4602

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 26-A4602 - PUBLIC HEARINGS

4602.1

The Commissioner shall publish a public notice of hearing in the D.C. Register setting forth the hearing date for the surplus determination, including applicable briefing schedule as determined by the Commissioner. The public notice shall be published no later than forty-five (45) days prior to the hearing. A copy of the public notice shall be served on any corporation subject to the public hearing by U.S. mail no less than forty-five (45) days prior to the hearing.

4602.2

The corporation and members of the public may submit a written report for consideration by the Commissioner no later than fifteen (15) days prior to the hearing date. The corporation's report shall not exceed 50 pages in length and interested persons' reports should not exceed fifteen (15) pages. The Commissioner shall publish any report submitted pursuant to this section on the Department's website no later than two (2) days after receipt of a report.

4602.3

The hearing shall be conducted in accordance with the following requirements:

(a) The hearing shall be transcribed at the cost of the corporation;

(b) The corporation may make an oral presentation.

(c) At the discretion of the Commissioner, interested members of the public may make oral presentations.

(d) The Commissioner may directly, or through independent experts, question witnesses presented by the corporation or any interested person making a presentation.

(e) The corporation should be allowed to make a final statement prior to the conclusion of the hearing. The final statement should not exceed thirty (30) minutes.

4602.4

The record in the hearing shall remain open for seven (7) days to allow the corporation or interested persons to file rebuttal statements, not to exceed eight (8) pages, clarifying any issue or responding to questions raised at the hearing.

4602.5

Following the hearing, the Commissioner shall make a final determination regarding the corporation's surplus after review of all relevant submissions and with the assistance of experts, if necessary. The cost of any experts used by the Commissioner shall be borne by the corporation.

4602.6

The final determination shall be issued in writing and shall be accompanied by findings of fact and conclusions of law.

4602.7

The transcript of a Public Hearing shall be posted for public inspection on the Department's website as soon as practicable.

D.C. Mun. Regs. tit. 26, r. 26-A4602

Notice of Final Rulemaking published at 56 DCR 8841 (November 13, 2009)

Authority: Section 4 of the Department of Insurance, Securities Regulation Establishment Act of 1996, effective May 21, 1997 (D.C. Law 11-268; D.C. Official Code § 31-103(a)(1) (2001), and section 21 of the Hospital and Medical Services Corporation Regulatory Act of 1996, effective April 9, 1997 (D.C. Law11-245; D.C. Official Code § 31-3520 (2001), and section 2(j) of the Medical Insurance Empowerment Amendment Act of 2008 (MIEAA), effective March 25, 2009 (D.C. Law 17-0369, 56 DCR 1346; D.C. Official Code § 31-3524 ).