(a) When conducting any hearing authorized by section thirteen, article two of this chapter which concerns any surplus lines licensee, the commissioner shall give notice of the hearing and the matters to be determined therein to the surplus lines licensee by certified mail, return receipt requested, sent to the last address filed by a person or entity pursuant to section eight of this article.
(b) If a surplus lines licensee fails to appear at the hearing, the hearing may proceed, at which time the commissioner shall establish that notice was sent to the person pursuant to this section prior to the entry of any orders adverse to the interests of a surplus lines licensee based upon the allegations against the 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 a person with the commissioner.
(c) A surplus lines licensee 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 an adverse order, file with the commissioner a written verified appeal with any relevant documents attached thereto, which demonstrates good and reasonable cause for the person's failure to appear, and may request reconsideration of the matter and a new hearing. The commissioner in his or her discretion, and upon a finding that the surplus lines licensee has shown good and reasonable cause for his or her failure to appear, shall issue an order that the previous order be rescinded, that the matter be reconsidered, and that a new hearing be set.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.
Structure West Virginia Code
§33-12C-2. Purpose - Necessity for Regulation
§33-12C-4. Placement of Insurance Business
§33-12C-5. Surplus Lines Insurance
§33-12C-6. Withdrawal of Eligibility as a Surplus Lines Insurer
§33-12C-6a. Debris Removal Liens; Noncompliance; Penalties
§33-12C-8. Surplus Lines Licenses
§33-12C-9. Suspension, Revocation or Nonrenewal of Surplus Lines Licensee's License
§33-12C-10. Actions Against Eligible Surplus Lines Insurers Transacting Surplus Lines Business
§33-12C-11. Duty to File Evidence of Insurance and Affidavits
§33-12C-12. Evidence of the Insurance and Subsequent Changes to the Insurance
§33-12C-13. Licensee's Duty to Notify Insured
§33-12C-14. Effect of Payment to Surplus Lines Licensee
§33-12C-15. Surplus Lines Licensees May Accept Business From Other Producers
§33-12C-16. Records of Surplus Lines Licensee
§33-12C-17. Reports - Summary of Exported Business
§33-12C-20. Service of Process
§33-12C-21. Legal or Administrative Procedures
§33-12C-23. Suits by Nonadmitted Insurers
§33-12C-24. Countersignature Requirements
§33-12C-26. Coverage Must Be Placed in Solvent Insurer