North Carolina § 58-62-51 - Duties and powers of the Commissioner.

§ 58-62-51. Duties and powers of the Commissioner.

In addition to other duties and powers specified in this Article, the Commissioner shall do all of the following: Upon request of the Board, provide the Association with a statement of the premiums in this State and any other appropriate states for each member insurer. When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the impaired insurer to comply promptly with the demand does not excuse the Association from the performance of its powers and duties under this Article. Repealed by Session Laws 2018-120, s. 1.1(i), effective June 28, 2018. The Commissioner may suspend or revoke, after notice and hearing, the license to transact business in this State of any member insurer that fails to pay an assessment when due or fails to comply with the Plan. As an alternative the Commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100.00) per month. Any action of the Board or the Association may be appealed to the Commissioner by any member insurer if the appeal is taken within 60 days of its receipt of notice of the final action being appealed. If a member insurer is appealing an assessment, the amount assessed shall be paid to the Association and available to meet Association obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer. No later than 20 days before each hearing, the appellant shall file with the Commissioner or the Commissioner's designated hearing officer and shall serve on the appellee a written statement of the appellant's case and any evidence the appellant intends to offer at the hearing. No later than five days before the hearing, the appellee shall file with the Commissioner or the Commissioner's designated hearing officer and shall serve on the appellant a written statement of the appellee's case and any evidence the appellee intends to offer at the hearing. Each hearing shall be recorded and transcribed. The cost of the recording and transcribing shall be borne equally by the appellant and appellee; however, upon any final adjudication the prevailing party shall be reimbursed for that party's share of the costs by the other party. Each party shall, on a date determined by the Commissioner or the Commissioner's designated hearing officer, but not sooner than 15 days after delivery of the completed transcript to the party, submit to the Commissioner or the Commissioner's designated hearing officer and serve on the other party, a proposed order. The Commissioner or the Commissioner's designated hearing officer shall then issue an order. Any final action or order of the Commissioner or the Commissioner's designated hearing officer is subject to judicial review under G.S. 58-2-75. The liquidator, rehabilitator, or conservator of any impaired or insolvent insurer may notify all interested persons of the effect of this Article. History (1991, c. 681, s. 56; 2018-120, s. 1.1(i).) Editor's Note. - Session Laws 2018-120, s. 1.3, provides: "Sections 1.1 and 1.2 of this act are effective when this act becomes law [June 28, 2018]. The provisions of Sections 1.1 and 1.2 of this act shall not apply to any member insurer that is insolvent or unable to fulfill its contractual obligations on the effective date of this act." Effect of Amendments. - Session Laws 2018-120, s. 1.1(i), rewrote subsection (a); substituted "business" for "insurance" in the first sentence of subsection (b); in subsection (c), inserted "of its receipt of notice" in the second sentence, and substituted "insurer" for "company" in the second and third sentences; and inserted "or insolvent" in subsection (d). For effective date and applicability, see editor's note. § 58-62-55: Repealed by Session Laws 1991, c. 681, s. 57.