(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.
Structure West Virginia Code
Article 47. Interstate Insurance Product Regulation Compact
§33-47-3. Establishment of the Commission and Venue
§33-47-4. Powers of the Commission
§33-47-5. Organization of the Commission
§33-47-6. Meetings and Acts of the Commission
§33-47-8. Commission Records and Enforcement
§33-47-10. Product Filing and Approval
§33-47-11. Review of Commission Decisions Regarding Filings
§33-47-13. Compacting States, Effective Date and Amendment
§33-47-14. Withdrawal, Default and Termination
§33-47-15. Severability and Construction