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 114-13-5 - Notice of Hearing and Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				Category (A) hearings conducted under these rules shall be initiated by the issuance
				of a formal written complaint containing a short and plain statement of the matters
				asserted. If the commissioner is unable to state the matters in detail at the time
				the complaint is served, the initial complaint may be limited to a statement of the
				issues involved. Thereafter, upon application, a more definite and detailed
				statement shall be furnished. The formal written complaint shall be given at least
				fifteen (15) days in advance of the date of the hearing.
5.2. Service of the complaint in connection with
				Category (A) hearings shall be given either by personal delivery thereof to the
				agency or person to be so notified, or by depositing the complaint in the United
				States Mail, postage prepaid, in an envelope addressed to the agency or person at
				the last known address of the agency or person or by any other manner permitted by
				law. With respect to complaints issued in connection with Category (A) Hearings,
				wherein the party respondent is a licensee of the commissioner, the complaint, if
				mailed, shall be addressed to the principal place of business or residence of the
				licensee as last of record in the commissioner's office.
5.3. All Category (B) hearings conducted under
				these rules shall be initiated by the issuance of a formal written notice of hearing
				containing a short and plain statement of the matters asserted. If the commissioner
				is unable to state the matters in detail at the time the notice is served, the
				initial notice may be limited to a statement of the issues involved. Thereafter,
				upon application, a more definite and detailed statement shall be
				furnished.
5.4. Notice of Category (A)
				and Category (B) hearings shall be given at least fifteen (15) days in advance of
				the hearing, by personal delivery thereof to the agency or person to be so notified,
				or by depositing the notice in the United States Mail, postage prepaid, in an
				envelope addressed to the agency or person at the last known address of the agency
				or person or by any other manner permitted by law. A notice of Category (A) or
				Category (B) hearing shall contain the date, time and place of the hearing. With
				respect to notices issued in connection with Category (A) Hearings, wherein the
				party respondent is a licensee of the Commissioner, the notice, if mailed, shall be
				addressed to the principal place of business or residence of such licensee as last
				of record in the Commissioner's office.
5.5. A complaint issued in connection with a
				Category (A) Hearing may be in the form of a notice to show cause stating that a
				proposed action may be taken unless the respondent shows cause, at a hearing to be
				held as specified in the notice, why the proposed action should not be taken. In
				addition to the requirements detailed in subsections 5.1 and 5.2 of this section,
				Category (A) Complaints shall include:
a. A
				statement of the purpose of the hearing and, where possible, a statement of charges,
				including the individual facts or conduct alleged which warrants the
				actions;
b. A statement of the legal
				authority and jurisdiction under which the hearing is to be held;
c. A reference to the particular section of the
				statute or rule involved; and
d. A
				statement that the party or parties respondent may file a written verified answer in
				person or through counsel within ten (10) days from the service of the complaint or
				notice.