- (a) The Insurance Commissioner shall hold a hearing under Arkansas Code § 23-61-303(b) on written demand for a hearing by any person aggrieved by any act, threatened act, or failure of the Insurance Commissioner to act or by any report, rule, or order of the commissioner.
(b) A person shall be considered aggrieved in the event of an order, act, or failure to act by the commissioner if:
- (1) Such action or inaction substantially and directly impacts a person's or business organization's insurance rights or benefits; and
- (2) The State Insurance Department has substantially demonstrated no intent to investigate or review such claim or claims or complaint.
- (c) Upon written demand for a hearing made by an aggrieved person, the hearing shall be held within thirty (30) days after receipt by the commissioner of the demand.
- (d) In the absence of statutory language explicitly referencing the time periods to be calculated upon working days, a hearing shall be held on the basis of calendar days.