N.J. Admin. Code § 11:2-35.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:2-35.6 - Hearings

(a) If the Commissioner denies an insurer's request for relief made pursuant to this subchapter, or if the insurer objects to the form of relief granted, the insurer may request a hearing on the Commissioner's determination within seven days from the date of such receipt of determination as follows:

1. A request for a hearing shall be in writing and shall include:

i. The name, address, and daytime telephone number of a contact person familiar with the matter;

ii. A copy of the order involved;

iii. A statement requesting a hearing; and

iv. A concise statement describing the basis for which the insurer believes that the Commissioner's findings of fact are erroneous.

2. The Commissioner may, after receipt of a properly completed request for a hearing, provide for an informal conference between the insurer and such personnel of the Department as the Commissioner may direct, to determine whether there are material issues of fact in dispute.

3. The Commissioner shall, within 30 days of a properly completed request for a hearing, determine whether the matter constitutes a contested case, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

i. If the Commissioner finds that there are no good-faith disputed issues of material facts and the matter may be decided on the documents filed, the Commissioner shall notify the applicant in writing as to the final disposition of the matter.

ii. If the Commissioner finds that the matter constitutes a contested case, the Commissioner shall transmit the matter to the Office of Administrative Law for a hearing consistent with the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) Receipt of a timely request for a hearing in the form set forth in (a)1 above shall stay the effect of a denial of relief until the Commissioner's final disposition of the matter made pursuant to this section.

N.J. Admin. Code § 11:2-35.6

New Rule, R.1993 d.24, effective 1/4/1993.
See: 24 New Jersey Register 3212(a), 25 New Jersey Register 138(a).