West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-13 - Rules Of Practice And Procedure For Hearings Before The WV Insurance Commissioner
Section 114-13-3 - Hearings

Universal Citation: 114 WV Code of State Rules 114-13-3

Current through Register Vol. XLI, No. 38, September 20, 2024

3.1. General. -- The commissioner may call and hold hearings for any purpose deemed necessary by him or her for the performance of his or her duties. The commissioner shall hold hearings when required by law or upon a written demand therefore by a person claiming to be aggrieved by any act or failure to act by the commissioner or by any rule or order of the commissioner.

3.2. Demand for hearing; form required. -- Any written demand filed pursuant to subsection 3.1 of this section by a person claiming to be aggrieved shall specify the grounds to be relied upon as basis for the relief to be requested at such hearing.

3.3. Hearing on written demand. -- When the commissioner is presented with a demand for a hearing as described in subsections 3.1 and 3.2 of this section, he or she shall conduct a hearing within forty-five (45) days of receipt by him or her of such written demand, unless postponed to a later date by mutual agreement. However, if the commissioner shall determine that the hearing demanded:

a. Would involve an exercise of authority in excess of that available to him or her under law; or

b. Would serve no useful purpose, the commissioner shall, within forty-five (45) days of receipt of such demand, enter an order refusing to grant the hearing as requested, incorporating therein his or her reasons for such refusal. Appeal may be taken from such order as provided in W. Va. Code § 33-2-14.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.