PURPOSE: This rule implements the purposes of section 374.055, RSMo, and establishes procedures for a hearing conducted to review cause to issue a market conduct examination warrant pursuant to sections 374.202 to 374.207, RSMo. (1) Any insurer or other company served with a warrant may request a hearing before the director within fifteen (15) days of the date of service of the warrant. If a hearing is requested, the director shall schedule an expedited hearing within twenty (20) days of the request to review whether the division established cause to issue the warrant. The director may issue orders necessary to protect the identity of a confidential source. The director may vacate, set aside, modify, or affirm the warrant.

1. (2) If the director fails to make a final determination within twenty (20) days of the hearing, the warrant is deemed affirmed and may be executed, and the administrative determination is final for purposes of review. Any final determination of the director is subject to judicial review under section 374.055, RSMo, Chapter 536, RSMo, and 20 CSR 800-1.100, but during the pendency of judicial review, the execution of the warrant shall not be delayed and is enforceable as provided by law.

AUTHORITY: sections 374.045 and 374.205, RSMo 2000 and section 374.055, RSMo Supp. 2007.* Original rule filed April 1, 2008, effective Nov. 30, 2008.

*Original authority: 374.045, RSMo 1967, amended 1993, 1995; 374.055, RSMo 2007; and 374.205, RSMo 1992, amended 1997, 1999.