W. Va. Code R. § 114-76-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-76-6 - Determination of Need For Hearing

6.1. When investigations may begin. -- Upon the expiration of the sixty-day period without a resolution of the complaint or a declaration by the respondent that he or she does not intend to take any further action to resolve the complaint within the sixty-day period, the commissioner may conduct any investigation he or she considers necessary to determine whether the allegations contained in the complaint are meritorious. Upon finding, after hearing, that an unfair claims settlement practice has been committed, the commissioner may also conduct an investigation to determine whether the unfair claims settlement practice was committed with such frequency as to constitute a general business practice.

6.2. Complaint provided to Office of Consumer Advocacy. -- If the complaint has not been closed pursuant to subsection 5.1 of this rule or has been reopened pursuant to subsection 5.3 of this rule, and the commissioner makes a preliminary finding that the complaint has merit, he or she shall forward a complete copy of the complaint and the respondent's response, if any, to the Office of Consumer Advocacy.