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23-76-126. Administrative proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-76-126. Administrative proceedings.
(a)(1) If the Insurance Commissioner has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall:
(A) Notify the health maintenance organization in writing of the grounds for suspension or revocation of the certificate of authority; and
(B) Schedule a hearing on the matter at least twenty (20) days after giving written notice of the hearing.
(2) After the hearing or upon the failure of the health maintenance organization to appear at the hearing, the commissioner shall take appropriate action and mail written findings to the health maintenance organization.
(b)(1) The action of the commissioner may be appealed to Pulaski County Circuit Court upon the record of the proceedings, hearing, and findings of the commissioner.
(2) The commissioner's decision shall be affirmed if it is supported by the preponderance of the evidence in the record.
(c) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., applies to proceedings under this section to the extent it is not in conflict with this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-76-126
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-76-126
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fd4c9de61110bb0ba56957e07d7187588b6cbbae24dbd5a8b46cac00e4589981
Source location: content.xml paragraph 43959
Stored source content
23-76-126. Administrative proceedings.
(a)(1) If the Insurance Commissioner has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall:
(A) Notify the health maintenance organization in writing of the grounds for suspension or revocation of the certificate of authority; and
(B) Schedule a hearing on the matter at least twenty (20) days after giving written notice of the hearing.
(2) After the hearing or upon the failure of the health maintenance organization to appear at the hearing, the commissioner shall take appropriate action and mail written findings to the health maintenance organization.
(b)(1) The action of the commissioner may be appealed to Pulaski County Circuit Court upon the record of the proceedings, hearing, and findings of the commissioner.
(2) The commissioner's decision shall be affirmed if it is supported by the preponderance of the evidence in the record.
(c) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., applies to proceedings under this section to the extent it is not in conflict with this section.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.