The association shall providereasonable means, to be approved by the Commissioner, whereby any person orinsurer affected by any act or decision of the administrators of the Plan orunderwriting association, other than an act or decision relating to the causeor amount of a claimed loss, may be heard in person or by an authorizedrepresentative, before the governing board of the association or a designatedcommittee. Any person or insurer aggrieved by any decision of the governingboard or designated committee, may be appealed to the Commissioner within 30days after the date of the ruling or decision. The Commissioner, after ahearing held under rules adopted by the Commissioner, shall issue an orderapproving or disapproving the act or decision with respect to the matter thatis the subject of appeal. The Commissioner may appoint a member of theCommissioner's staff as deputy commissioner for the purpose of hearing theappeals and a ruling based on the hearing has the same effect as if heard bythe Commissioner. All persons or insurers or their representatives aggrieved byany order or decision of the Commissioner may appeal as provided in G.S. 58‑2‑75.
No later than 10 days beforeeach hearing, the appellant shall file with the Commissioner or the designatedhearing officer and shall serve on the appellee a written statement of theappellant's case and any evidence that the appellant intends to offer at thehearing. No later than five days before the hearing, the appellee shall filewith the Commissioner or the designated hearing officer and shall serve on theappellant a written statement of the appellee's case and any evidence that theappellee intends to offer at the hearing. Each hearing shall be recorded andmay be transcribed. If the matter is between an insurer and the Association,the cost of the recording and transcribing shall be borne equally by theappellant and appellee; provided that upon any final adjudication theprevailing party shall be reimbursed for his share of such costs by the otherparty. If the matter is between an insured and the Association, the cost oftranscribing shall be borne equally by the appellant and appellee; providedthat the Commissioner may order the Association to pay recording or transcribingcosts for which the insured is financially unable to pay. Each party shall, ona date determined by the Commissioner or the designated hearing officer, butnot sooner than 15 days after delivery of the completed transcript to theparty, submit to the Commissioner or the designated hearing officer and serveon the other party, a proposed order. The Commissioner or the designatedhearing officer shall then issue an order. (1969, c. 1284; 1985, c. 519,s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 19; 1999‑219, s. 1.3.)
The association shall providereasonable means, to be approved by the Commissioner, whereby any person orinsurer affected by any act or decision of the administrators of the Plan orunderwriting association, other than an act or decision relating to the causeor amount of a claimed loss, may be heard in person or by an authorizedrepresentative, before the governing board of the association or a designatedcommittee. Any person or insurer aggrieved by any decision of the governingboard or designated committee, may be appealed to the Commissioner within 30days after the date of the ruling or decision. The Commissioner, after ahearing held under rules adopted by the Commissioner, shall issue an orderapproving or disapproving the act or decision with respect to the matter thatis the subject of appeal. The Commissioner may appoint a member of theCommissioner's staff as deputy commissioner for the purpose of hearing theappeals and a ruling based on the hearing has the same effect as if heard bythe Commissioner. All persons or insurers or their representatives aggrieved byany order or decision of the Commissioner may appeal as provided in G.S. 58‑2‑75.
No later than 10 days beforeeach hearing, the appellant shall file with the Commissioner or the designatedhearing officer and shall serve on the appellee a written statement of theappellant's case and any evidence that the appellant intends to offer at thehearing. No later than five days before the hearing, the appellee shall filewith the Commissioner or the designated hearing officer and shall serve on theappellant a written statement of the appellee's case and any evidence that theappellee intends to offer at the hearing. Each hearing shall be recorded andmay be transcribed. If the matter is between an insurer and the Association,the cost of the recording and transcribing shall be borne equally by theappellant and appellee; provided that upon any final adjudication theprevailing party shall be reimbursed for his share of such costs by the otherparty. If the matter is between an insured and the Association, the cost oftranscribing shall be borne equally by the appellant and appellee; providedthat the Commissioner may order the Association to pay recording or transcribingcosts for which the insured is financially unable to pay. Each party shall, ona date determined by the Commissioner or the designated hearing officer, butnot sooner than 15 days after delivery of the completed transcript to theparty, submit to the Commissioner or the designated hearing officer and serveon the other party, a proposed order. The Commissioner or the designatedhearing officer shall then issue an order. (1969, c. 1284; 1985, c. 519,s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 19; 1999‑219, s. 1.3.)
The association shall providereasonable means, to be approved by the Commissioner, whereby any person orinsurer affected by any act or decision of the administrators of the Plan orunderwriting association, other than an act or decision relating to the causeor amount of a claimed loss, may be heard in person or by an authorizedrepresentative, before the governing board of the association or a designatedcommittee. Any person or insurer aggrieved by any decision of the governingboard or designated committee, may be appealed to the Commissioner within 30days after the date of the ruling or decision. The Commissioner, after ahearing held under rules adopted by the Commissioner, shall issue an orderapproving or disapproving the act or decision with respect to the matter thatis the subject of appeal. The Commissioner may appoint a member of theCommissioner's staff as deputy commissioner for the purpose of hearing theappeals and a ruling based on the hearing has the same effect as if heard bythe Commissioner. All persons or insurers or their representatives aggrieved byany order or decision of the Commissioner may appeal as provided in G.S. 58‑2‑75.
No later than 10 days beforeeach hearing, the appellant shall file with the Commissioner or the designatedhearing officer and shall serve on the appellee a written statement of theappellant's case and any evidence that the appellant intends to offer at thehearing. No later than five days before the hearing, the appellee shall filewith the Commissioner or the designated hearing officer and shall serve on theappellant a written statement of the appellee's case and any evidence that theappellee intends to offer at the hearing. Each hearing shall be recorded andmay be transcribed. If the matter is between an insurer and the Association,the cost of the recording and transcribing shall be borne equally by theappellant and appellee; provided that upon any final adjudication theprevailing party shall be reimbursed for his share of such costs by the otherparty. If the matter is between an insured and the Association, the cost oftranscribing shall be borne equally by the appellant and appellee; providedthat the Commissioner may order the Association to pay recording or transcribingcosts for which the insured is financially unable to pay. Each party shall, ona date determined by the Commissioner or the designated hearing officer, butnot sooner than 15 days after delivery of the completed transcript to theparty, submit to the Commissioner or the designated hearing officer and serveon the other party, a proposed order. The Commissioner or the designatedhearing officer shall then issue an order. (1969, c. 1284; 1985, c. 519,s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 19; 1999‑219, s. 1.3.)
