(a) The insurer shall have the right to a confidential departmental hearing, on a record, at which the insurer may challenge any determination or action by the commissioner, upon any of the following:

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Terms Used In Tennessee Code 56-46-108

  • Adjusted RBC Report: means an RBC report that has been adjusted by the commissioner in accordance with §. See Tennessee Code 56-46-102
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-1-102
  • Corrective order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See Tennessee Code 56-46-102
  • RBC Plan: means a comprehensive financial plan containing the elements specified in §. See Tennessee Code 56-46-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(1) Notification to an insurer by the commissioner of an Adjusted RBC Report; or
(2) Notification to an insurer by the commissioner that:

(A) The insurer’s RBC Plan or Revised RBC Plan is unsatisfactory; and
(B) The notification constitutes a Regulatory Action Level Event with respect to the insurer; or
(3) Notification to any insurer by the commissioner that the insurer has failed to adhere to its RBC Plan or Revised RBC Plan and that the failure has a substantial adverse effect on the ability of the insurer to eliminate the Company Action Level Event with respect to the insurer in accordance with its RBC Plan or Revised RBC Plan; or
(4) Notification to an insurer by the commissioner of a Corrective Order with respect to the insurer.
(b) The insurer shall notify the commissioner of its request for a hearing within five (5) days after the notification by the commissioner under subdivision (a)(1), (2), (3) or (4). Upon receipt of the insurer’s request for a hearing, the commissioner shall set a date for the hearing, which date shall be no less than ten (10) nor more than thirty (30) days after the date of the insurer’s request.
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