ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2440
(By Delegates Phillips, Farris, Louisos,
L. White and Beane)
[Passed April 8, 1993; in effect ninety days from passage.]
AN ACT to amend article twelve, chapter thirty-three of the code
of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new
section, designated section thirty; and to amend
article twelve-b of said chapter by adding thereto a new
section, designated section fourteen, all relating to the
requirement of agents, solicitors, excess line brokers,
service representatives and adjusters to keep current
addresses on file with the insurance commissioner so that
proper notices of hearing can be served; requiring
procedures for serving notice of hearing; permitting
hearings to proceed if individual fails to appear; requiring
evidence at hearings; setting an appeal period for
reconsideration and judicial review.
Be it enacted by the Legislature of West Virginia:
That article twelve, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
thirty; and that article twelve-b of said chapter be amended by
adding thereto a new section, designated section fourteen, all toread as follows:
ARTICLE 12. AGENTS, BROKERS, SOLICITORS AND EXCESS LINE.
§33-12-30. Notice of hearing before the commissioner; failure
to appear; entry of orders; appeal.
(a) When conducting any hearing authorized by section
thirteen, article two of this chapter which concerns any agent,
solicitor, excess line broker or service representative, the
commissioner shall give notice of such hearing and the matters to
be determined therein to such agent, solicitor, excess line
broker or service representative by certified mail, return
receipt requested, sent to the last address filed by such person
or entity pursuant to section twenty-nine of this article.
(b) If an agent, solicitor, excess line broker or service
representative fails to appear at such hearing, the hearing may
proceed, at which time the commissioner shall establish that
notice was sent to such person pursuant to this section prior to
the entry of any orders adverse to the interests of such agent,
solicitor, excess line broker or service representative based
upon the allegations against such person which were set forth in
the notice of hearing. Certified copies of all orders entered by
the commissioner shall be sent to the person affected therein by
certified mail, return receipt requested, at the last address
filed by such person with the division.
(c) An agent, solicitor, excess line broker or service
representative who fails to appear at a hearing of which notice
has been provided pursuant to this section, and who has had an
adverse order entered by the commissioner against them as a
result of their failure to so appear may, within thirty calendardays of the entry of such adverse order, file with the
commissioner a written verified appeal with any relevant
documents attached thereto, which demonstrates good and
reasonable cause for such person's failure to appear, and may
request reconsideration of the matter and a new hearing. The
commissioner in his discretion, and upon a finding that the
agent, solicitor, excess line broker or service representative
has shown good and reasonable cause for his failure to appear,
shall issue an order that the previous order be rescinded, that
the matter be reconsidered, and that a new hearing be set.
(d) Orders entered pursuant to this section are subject to
the judicial review provisions of section fourteen, article two
of this chapter.
ARTICLE 12B. ADJUSTERS.
§33-12B-14. Current address of adjusters to be filed;
effective notice of appearance at hearing
before commissioner.
(a) Each adjuster shall file with the commissioner the
complete address of his principal place of business and the
complete address of his residence including the name and number
of the street, or if the street where the business is located is
not numbered, the number of the post office box. Within thirty
days of a change of business or residence address by an adjuster
the adjuster must file with the commissioner notice of such
change of address.
(b) When conducting any hearing authorized by section
thirteen, article two of this chapter which concerns any
adjuster, the commissioner shall give notice of such hearing andthe matters to be determined therein to such adjuster by
certified mail, return receipt requested, sent to the last
address filed by such person or entity pursuant to this section.
(c) If an adjuster fails to appear at such hearing, the
hearing may proceed, at which time the commissioner shall
establish that notice was sent to such person pursuant to this
section prior to the entry of any orders adverse to the interests
of such adjuster based upon the allegations against such person
which were set forth in the notice of hearing. Certified copies
of all orders entered by the commissioner shall be sent to the
person affected therein by certified mail, return receipt
requested, at the last address filed by such person with the
division.
(d) An adjuster who fails to appear at a hearing of which
notice has been provided pursuant to this section, and who has
had an adverse order entered by the commissioner against them as
a result of their failure to so appear may, within thirty
calendar days of the entry of such adverse order, file with the
commissioner a written verified appeal with any relevant
documents attached thereto, which demonstrates good and
reasonable cause for the adjuster's failure to appear, and may
request reconsideration of the matter and a new hearing. The
commissioner in his discretion, and upon a finding that the
adjuster has shown good and reasonable cause for his failure to
appear shall issue an order that the previous order be rescinded,
that the matter be reconsidered, and that a new hearing be set.
(e) Orders entered pursuant to this section are subject to
the judicial review provisions of section fourteen, article twoof this chapter.