6.6.3404    ADMINISTRATIVE REMEDIES AVAILABLE TO INSURERS

(1) Any health service corporation subject to an order under ARM 6.6.3403 may request a hearing pursuant to 33-1-701, MCA.

(2) Any other insurer, including a captive insurance company and a captive risk retention group, subject to an order under ARM 6.6.3403 may request a hearing or appeal from the order pursuant to 33-2-1321, MCA.

(3) The notice of hearing shall be served upon the respondent pursuant to the Montana Administrative Procedure Act. The notice of hearing shall state the time and place of hearing, and the conduct, condition, or ground upon which the commissioner based the order. Unless mutually agreed between the commissioner and the respondent, the hearing shall occur not less that 10 days nor more than 30 days after notice is served, and shall be either in Lewis & Clark County, or in some other place convenient to the parties to be designated by the commissioner. The commissioner shall hold all hearings under this rule privately, unless the respondent requests a public hearing, in which case the hearing shall be public.

History: 33-1-313, 33-2-1321, 33-2-1517, 33-28-206, MCA; IMP, 33-1-401, 33-2-1321, 33-2-1323, 33-2-1517, 33-28-108, 33-28-109, 33-28-207, 33-30-102, 33-30-105, MCA; NEW, 1993 MAR p. 2408, Eff. 10/15/93; AMD, 2011 MAR p. 1128, Eff. 6/24/11.