69N-121.066: Informal Conferences
PURPOSE AND EFFECT: Section 624.319, F.S., provides that the Office is to make a full and true written report of each examination it performs on an insurer. The section further states that the Office is to provide a draft of the report to the insurer for its review prior to the report being finalized. If the insurer disagrees with findings in the draft report it has the right to a hearing, at which hearing the insurer can express its concerns. After the hearing the Office is to publish the final report after making any modifications to the draft that the Office deems proper.
SUBJECT AREA TO BE ADDRESSED: This rule sets out the particulars of the hearing that will take place if one is requested by an examined insurer. The amendment clarifies that if the Office takes action against the insurer based upon the findings in the final report, the insurer has the right to petition for a formal hearing in front of the Division of Administrative Hearings.
SPECIFIC AUTHORITY: 120.05(5), 120.53, 624.308 FS.
LAW IMPLEMENTED: 120.53, 120.54, 120.56, 120.57, 120.58, 624.307(1), 624.319, 624.324 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: February 26, 2009, 9:30 a.m.
PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Bob Prentiss, Assistant General Counsel, Office of Insurance Regulation, E-mail Bob.Prentiss@floir.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bob Prentiss, Assistant General Counsel, Office of Insurance Regulation, E-mail Bob.Prentiss@floir.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
69N-121.066 Informal Conferences.
(1) through (2)(d) No change.
(e) If based upon the findings set out in the report the Office takes action against the insurer which affects its substantial interest, the insurer shall have the right to request a hearing pursuant to Section 120.569, F.S. to address the action taken by the Office based upon those findings. If disputed points are not settled in the conference, and the Office notifies the company that it intends to file the report and make it a public document as presented in the draft form, the insurer may request a formal hearing to resolve the disputed issues, as provided for under Chapter 120, F.S., and in accordance with the Notice of Rights which are a part of the Office’s notification.
Specific Authority 120.05(5), 120.53, 624.308 FS. Law Implemented 120.53, 120.54, 120.56, 120.57, 120.58, 624.307(1), 624.319, 624.324 FS. History–New 1-1-75, Formerly 4-38.37, Amended 2-5-87, Formerly 4-38.037, Amended 12-19-94, Formerly 4-121.066, Amended_________.