D.C. Mun. Regs. tit. 26, r. 26-A5304

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

Rule 26-A5304 - MANDATORY HEARINGS

5304.1

All hearings commenced as a result of a rate change increase exceeding ten percent (10%) shall be conducted in accordance with the Department's rules of practice and procedures for hearings found at 26 DCMR § 3800et seq.

5304.2

In a hearing held by the Commissioner pursuant to this chapter, any person shall have the right to testify. However, the right to testify in a hearing under this chapter does not by itself confer upon such person the status of "party," as defined at 26 DCMR § 3819.

5304.3

A person who wishes to apply for status as a party for a hearing shall file with the Commissioner a statement, in not less than five (5) days prior to the date set for the hearing, that includes the prospective party's name and address, the name and address of any legal counsel, whether the prospective party is a proponent or opponent of the rate filing, a list of witnesses who will be called to testify, the manner in which the prospective party may be affected or aggrieved by the action, and the extent to which the prospective party satisfies one or more of the following qualifications:

(a) Expertise in the insurance laws of the District of Columbia;

(b) An understanding of the actuarial principles employed in establishing rates and rating systems;

(c) Sufficient access to a qualified actuary and sufficient expertise to conduct a technical examination of a rate filing;

(d) Sufficient resources to participate in the hearing process; or

(e) A demonstrated commitment to represent the interest of consumers and accept a duty of fidelity to do so.

5304.4

The Commissioner shall make the final determination for status as a party.

D.C. Mun. Regs. tit. 26, r. 26-A5304

Source: Notice of Final Rulemaking published at 55 DCR 12490, 12492 (December 12, 2008); as corrected by Errata Notice published at 58 DCR 2413 (March 18, 2011)

Authority: The Administrator of the Office of Documents and Administrative Issuances (ODAI), pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559) , and the Commissioner of the Department of Insurance, Securities and Banking (DISB), pursuant to the authority set forth in section 101(b) of the Medical Malpractice Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-263; D.C. Official Code §§ 31-2703 (f-1)(1)(B) and (f-1)(3)).