Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69N - OIR - Administration › Chapter 69N-121 - DEPARTMENTAL ORGANIZATION AND OPERATIONS; RULES OF PRACTICE AND PROCEDURE › Section 69N-121.066 - Informal Conferences

Current through Reg. 50, No. 138; July 16, 2024
(1) Informal
				Conferences Authorized. The Office head or a hearing officer designated by the
				Office may order an informal conference prior to a formal or informal
				proceeding.
(2) Procedures for
				Conferences Held Pursuant to section
				 624.319(1),
				F.S.
(a) Every insurer will receive a draft
				of a report of examination (draft report) resulting from an examination under
				section  624.316, F.S. The insurer may
				review the draft report for a period of up to 30 days as determined from the
				date of the report's receipt by the insurer. If the insurer desires
				modifications to the draft report, the insurer shall request an informal
				conference, as permitted by section
				 624.319(1),
				F.S., by writing to the Office no later than 30 days from the date of the
				report's receipt by the insurer as shown on the return receipt requested card
				returned to the Office by the U.S. Postal Service. Requests for an informal
				conference must be directed to: Bureau Chief, (Name of appropriate solvency
				bureau), Office of Insurance Regulation, Larson Building, 200 East Gaines
				Street, Tallahassee, Florida. The zip code for the Life and Health bureau is
				32399-0327; the zip code for the Property and Casualty bureau is 32399-0329.
				Requests may be made by facsimile transmission.
(b) Although section
				 624.319, F.S., uses the word
				"hearing" to refer to this meeting, the "hearing" is conducted pursuant to
				section  624.324, F.S., and is not within
				the scope of chapter 120, F.S. Instead it is an informal conference at which
				the insurer has an opportunity to resolve disputed provisions of the draft
				examination report prior to the Office filing the report as a public document.
				The Office has found that the following procedures are helpful in reaching an
				informed resolution in a fair and efficient manner. Therefore, an insurer
				requesting the informal conference shall comply with the requirements of this
				subsection.
1. The request for an informal
				conference must contain a specific listing for each point in the draft report
				for which the insurer requests a modification. The listing for each point must
				state all of the facts and provide documentation which support the position of
				the insurer relative to a modification of the report.
2. Due to the varied nature of requests for
				modifications to a draft report, the informal conference does not have any
				specific agenda. During the informal conference the insurer may present any
				information or evidence relative to the facts which it believes will support
				its position that modification should be made to the draft
				report.
(c) After
				reviewing the information and documentation presented at the informal
				conference, the Office will either: provide a new draft report to the company
				in accordance with the conditions of section
				 624.319(2),
				F.S.; perform additional field examination work; or notify the company that it
				intends to file the report as presented in the draft form.
(d) In the absence of a timely request, the
				Office shall file the draft report as a finalized report and make it a public
				document.
(e) 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.