New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 2 - INSURANCE GROUP
Subchapter 35 - RELIEF FROM INSURER OBLIGATIONS UNDER THE FAIR AUTOMOBILE INSURANCE REFORM ACT OF 1990
Section 11:2-35.6 - Hearings
Universal Citation: NJ Admin Code 11:2-35.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) If the Commissioner denies an insurer's request for relief made pursuant to this subchapter, or if the insurer objects to the form of relief granted, the insurer may request a hearing on the Commissioner's determination within seven days from the date of such receipt of determination as follows:
1. A request for a hearing shall be in
writing and shall include:
i. The name,
address, and daytime telephone number of a contact person familiar with the
matter;
ii. A copy of the order
involved;
iii. A statement
requesting a hearing; and
iv. A
concise statement describing the basis for which the insurer believes that the
Commissioner's findings of fact are erroneous.
2. The Commissioner may, after receipt of a
properly completed request for a hearing, provide for an informal conference
between the insurer and such personnel of the Department as the Commissioner
may direct, to determine whether there are material issues of fact in
dispute.
3. The Commissioner shall,
within 30 days of a properly completed request for a hearing, determine whether
the matter constitutes a contested case, pursuant to the Administrative
Procedure Act,
52:14B-1 et seq.
i. If the Commissioner finds that there are
no good-faith disputed issues of material facts and the matter may be decided
on the documents filed, the Commissioner shall notify the applicant in writing
as to the final disposition of the matter.
ii. If the Commissioner finds that the matter
constitutes a contested case, the Commissioner shall transmit the matter to the
Office of Administrative Law for a hearing consistent with the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
(b) Receipt of a timely request for a hearing in the form set forth in (a)1 above shall stay the effect of a denial of relief until the Commissioner's final disposition of the matter made pursuant to this section.
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