Suspension and revocation.

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  • (1)
    • (a) The commissioner shall notify a special purpose financial captive insurance company not less than 30 days before suspending or revoking the special purpose financial captive insurance company's certificate of authority pursuant to Section 31A-37-505.
    • (b) In the notice required by Subsection (1)(a) the commissioner shall state the basis for the suspension or revocation.
    • (c) The commissioner shall give a special purpose financial captive insurance company described in this Subsection (1) an opportunity for a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
  • (2) Notwithstanding Subsection (1) and Title 63G, Chapter 4, Administrative Procedures Act, the commissioner is not required to provide prior notice or a hearing if the grounds for suspension or revocation of a special purpose financial captive insurance company's certificate of authority pursuant to Section 31A-37-505 relate primarily to:
    • (a) the financial condition or soundness of the special purpose financial captive insurance company; or
    • (b) a deficiency in the assets of the special purpose financial captive insurance company.




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