(a)
- (1) For adjudicative proceedings in which a Notice of Public Hearing (NOPH) has been issued, the State Insurance Department does not, at this time, maintain any formal filing or system requirements for it to receive and process filings, communications, or other documents from parties during the course of an administration proceeding.
- (2) Therefore, the department strongly advises respondents represented by an attorney to notify or copy by regular mail, or electronic mail, the director of administrative legal services at the department with any replies to an NOPH, prehearing motions, discovery requests, briefs, or other formal and substantially important filings related to the administrative hearing.
- (b) The respondent should identify the department tracking number and style of the matter in order for the department to maintain an accurate, chronological administrative record of such activities for purposes of tracking and appeal.
- (c) The department should provide the appropriate contact information of the Legal Division of the State Insurance Department administrative director in the department cover letter accompanying an NOPH.
- (d) Licensees not represented by attorneys are strongly advised to also copy the Legal Division of the State Insurance Department administrative director, as identified in the NOPH cover letter, with copies of significant communications related to the administrative proceeding, although it is not a violation of this part for failure of any licensee to do so.
- (e) The department simply requests these practices or procedures be encouraged to help facilitate its regulatory obligation to maintain an accurate and complete chronological record of activities related to the proceeding in the event that the licensee later appeals a ruling or order of the Insurance Commissioner.