WVC 33 - 47 - 11
§33-47-11. Review of commission decisions regarding filings.
(a) Not later than thirty days after the commission has given
notice of a disapproved product or advertisement filed with the
commission, the insurer or third-party filer whose filing was
disapproved may appeal the determination to a review panel
appointed by the commission. The commission shall promulgate rules
to establish procedures for appointing such review panels and
provide for notice and hearing. An allegation that the commission,
in disapproving a product or advertisement filed with the
commission, acted arbitrarily, capriciously, or in a manner that is
an abuse of discretion or otherwise not in accordance with the law,
is subject to judicial review in accordance with subsection (d),
section three of this article.
(b) The commission shall have authority to monitor, review and
reconsider products and advertisements subsequent to their filing
or approval upon a finding that the product does not meet the
relevant uniform standard. Where appropriate, the commission may
withdraw or modify its approval after proper notice and hearing,
subject to the appeal process in subsection (a) of this section.