2005 Legislation
Print Friendly

HOUSE BILL NO. 118 – Insurance,hearings/appeals

HOUSE BILL NO. 118

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0118...........................................................by BUSINESS
INSURANCE - HEARINGS/APPEALS - Repeals and amends existing law relating to
insurance to revise provisions applicable to hearings and appeals; and to
revise notice requirements applicable to such hearings and appeals.
                                                                        
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 70-0-0
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Com/HuRes
03/04    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 32-0-2, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Sweet, (District 21 seat vacant)
    Floor Sponsor - Malepeai
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/17    To Governor
03/21    Governor signed
         Session Law Chapter 77
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 118
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE; AMENDING SECTION 41-231, IDAHO CODE, TO  REVISE  PROVI-
  3        SIONS  APPLICABLE TO HEARINGS AND APPEALS; REPEALING SECTION 41-233, IDAHO
  4        CODE, APPLICABLE TO STAYS OF ACTION; AMENDING SECTION 41-235, IDAHO  CODE,
  5        TO  PROVIDE  FOR  FOURTEEN  DAYS  OF  ADVANCE  NOTICE,  TO DELETE LANGUAGE
  6        REFERENCING HEARINGS HELD FOR CONSIDERATION OF RULES  AND  REGULATIONS  OF
  7        THE DIRECTOR OR OTHER SPECIFIED MATTERS AND TO MAKE TECHNICAL CORRECTIONS;
  8        REPEALING  SECTIONS  41-239,  41-242 AND 41-246, IDAHO CODE, APPLICABLE TO
  9        HEARING PROCEDURES, METHODS OF APPEAL AND APPEALS TO  THE  SUPREME  COURT;
 10        AMENDING  SECTION  41-1016,  IDAHO  CODE,  TO REVISE A NOTICE REQUIREMENT;
 11        AMENDING SECTION 41-1301, IDAHO CODE, TO PROVIDE A CORRECT CODE  REFERENCE
 12        AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 41-1320, IDAHO CODE,
 13        APPLICABLE  TO SERVICE OF NOTICES AND PROCESSES; AMENDING SECTION 41-1321,
 14        IDAHO CODE, TO REVISE  PROVISIONS  APPLICABLE  TO  PROCEDURES  RELATED  TO
 15        UNDEFINED  PRACTICES; REPEALING SECTION 41-1322, IDAHO CODE, APPLICABLE TO
 16        APPEALS BY INTERVENORS; AMENDING SECTION 41-1417, IDAHO  CODE,  TO  REVISE
 17        NOTICE  REQUIREMENTS  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
 18        41-1426, IDAHO CODE, TO DELETE A CODE REFERENCE AND TO MAKE TECHNICAL COR-
 19        RECTIONS; AMENDING  SECTION  41-1432,  IDAHO  CODE,  TO  REVISE  A  NOTICE
 20        REQUIREMENT  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 41-1434,
 21        IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO HEARING PROCEDURES; REPEAL-
 22        ING SECTION 41-1435, IDAHO CODE, APPLICABLE TO APPEALS FROM  A  DIRECTOR'S
 23        ORDER; AMENDING SECTIONS 41-1440 AND 41-1610, IDAHO CODE, TO REVISE NOTICE
 24        REQUIREMENTS  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 41-1614,
 25        IDAHO CODE, TO MAKE A TECHNICAL CORRECTION AND TO REVISE A NOTICE REQUIRE-
 26        MENT; AMENDING SECTION 41-1619, IDAHO CODE, TO DELETE A CODE REFERENCE AND
 27        TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 41-1620, IDAHO  CODE,  TO
 28        REVISE  A  NOTICE  REQUIREMENT;  AMENDING  SECTION 41-1621, IDAHO CODE, TO
 29        REVISE A NOTICE REQUIREMENT, TO PROVIDE A CORRECT CODE  REFERENCE  AND  TO
 30        MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTIONS 41-1622 AND 41-1623, IDAHO
 31        CODE, TO REVISE NOTICE  REQUIREMENTS;  REPEALING  SECTION  41-1625,  IDAHO
 32        CODE,  APPLICABLE TO HEARINGS AND APPEALS; AMENDING SECTION 41-2309, IDAHO
 33        CODE, TO REVISE A NOTICE REQUIREMENT AND TO  MAKE  TECHNICAL  CORRECTIONS;
 34        REPEALING  SECTION  41-2315,  IDAHO CODE, RELATING TO JUDICIAL REVIEW; AND
 35        AMENDING SECTION 41-2316, IDAHO CODE, TO REVISE A CODE REFERENCE   AND  TO
 36        MAKE TECHNICAL CORRECTIONS.
                                                                        
 37    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 38        SECTION  1.  That  Section  41-231, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        41-231.  HEARINGS  AND   APPEAL   --   SCOPE   OF   PROVISIONS.   Sections
 41    41-232--41-246  Except  as  otherwise provided in title 41, Idaho Code, and to
 42    the extent not inconsistent therewith, chapter 52, title 67, Idaho Code, shall
 43    apply as to all hearings and as to all appeals from the director  relative  to
                                                                        
                                           2
                                                                        
  1    any matter treated in this code; except, that such sections shall not apply as
  2    to  chapters 14 (property insurance rates), 15 (casualty and surety rates), 16
  3    (workmen's compensation rates), and 17 (insurance examining bureaus).
                                                                        
  4        SECTION 2.  That Section 41-233, Idaho Code, be, and the  same  is  hereby
  5    repealed.
                                                                        
  6        SECTION  3.  That  Section  41-235, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        41-235.  NOTICE OF HEARING. (1) Except where a longer period of notice  is
  9    provided  by other provisions of this code relative to particular matters, not
 10    less than  ten fourteen (104) days in advance the director shall  give  notice
 11    of  the  time  and  place of the hearing, stating the matters to be considered
 12    thereat. If the persons to be given notice are not specified in the  provision
 13    pursuant  to which hearing is held, the director shall give such notice to all
 14    persons whose pecuniary interests are to be directly and immediately  affected
 15    by such hearing.
 16        (2)  If any such hearing is to be held for consideration of rules and reg-
 17    ulations  of  the  director,  or  for the consideration of other matters which
 18    under subsection (1) above would otherwise require separate  notices  to  more
 19    than one hundred (100) persons, in lieu of the notice required under such sub-
 20    section  the  director may give notice of the hearing by publishing the notice
 21    in at least three (3), but not to exceed five (5), daily newspapers, at  least
 22    once  each  week  during  the four (4) weeks immediately preceding the week in
 23    which the hearing is to be held. The director shall select such newspapers, as
 24    to location and circulation, as he deems necessary to give  adequate  opportu-
 25    nity  of  notice  to such persons as should receive notice of the hearing. The
 26    published notice shall state the time and place of the hearing and shall spec-
 27    ify the matters to be considered thereat. At the time of first publication the
 28    director shall mail to every advisory organization which has  filed  with  him
 29    pursuant to section 41-1425, Idaho Code, a copy of the published notice if the
 30    proposed  hearing  would  affect  any interest of the members of such advisory
 31    organization.
 32        (3)  All such notices, other than published notices,  shall  be  given  as
 33    provided in section 41-212, Idaho Code.
                                                                        
 34        SECTION  4.  That  Sections 41-239, 41-242 and 41-246, Idaho Code, be, and
 35    the same are hereby repealed.
                                                                        
 36        SECTION 5.  That Section 41-1016, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        41-1016.  ADMINISTRATIVE  PENALTY  --  SUSPENSION,  REVOCATION, REFUSAL OF
 39    LICENSE. (1) The director may impose an administrative penalty not  to  exceed
 40    one thousand dollars ($1,000), for deposit in the general fund of the state of
 41    Idaho,  and  may suspend for not more than twelve (12) months or may revoke or
 42    refuse to issue or continue any license issued under this chapter, chapter 27,
 43    title 41, Idaho Code (title insurance),  chapter  11,  title  41,  Idaho  Code
 44    (adjusters),  or  any surplus lines broker license if, after a hearing held on
 45    not less than  twenty-one (201) days' notice of such  the  opportunity  for  a
 46    hearing  and  of the charges against the licensee given as provided in section
 47    41-212(3), Idaho Code, to the licensee and to any appointing  insurers  repre-
 48    sented  (as  to  a  producer who is appointed as an agent), the director finds
 49    that as to the licensee any one (1) or more of the following causes or  viola-
                                                                        
                                           3
                                                                        
  1    tions exist:
  2        (a)  Providing  incorrect,  misleading,  incomplete  or  materially untrue
  3        information in the license application;
  4        (b)  Violating any provision of title 41,  Idaho  Code,  department  rule,
  5        subpoena  or  order of the director or of another state's insurance direc-
  6        tor;
  7        (c)  Obtaining or attempting to obtain a license through misrepresentation
  8        or fraud;
  9        (d)  Improperly withholding, misappropriating or converting any moneys  or
 10        properties received in the course of doing insurance business;
 11        (e)  Misrepresenting the terms of an actual or proposed insurance contract
 12        or  application  for insurance or misrepresenting any fact material to any
 13        insurance transaction or proposed transaction;
 14        (f)  Being convicted of or pleading guilty to any felony, or to  a  misde-
 15        meanor  which  evidences bad moral character, dishonesty, a lack of integ-
 16        rity and financial responsibility, or an unfitness and inability  to  pro-
 17        vide acceptable service to the consuming public;
 18        (g)  Admitting or being found to have committed any insurance unfair trade
 19        practice or fraud;
 20        (h)  Using  fraudulent,  coercive or dishonest practices, or demonstrating
 21        incompetence, untrustworthiness or financial irresponsibility, or being  a
 22        source of injury and loss to the public or others, in the conduct of busi-
 23        ness in this state or elsewhere;
 24        (i)  Having an insurance license denied, suspended or revoked in any other
 25        state, province, district or territory;
 26        (j)  Forging another's name on an application for insurance or on any doc-
 27        ument related to an insurance transaction;
 28        (k)  Improperly using notes or any other reference material to complete an
 29        examination for an insurance license;
 30        (l)  Knowingly  accepting insurance business from an individual who is not
 31        licensed;
 32        (m)  Failing to comply with an administrative or court  order  imposing  a
 33        child support obligation, provided however, that nothing in this provision
 34        shall be deemed to abrogate or modify chapter 14, title 7, Idaho Code; or
 35        (n)  Failing  to pay state income tax or to comply with any administrative
 36        or court order directing payment of state income tax.
 37        (2)  The director shall, without hearing, suspend for not more than twelve
 38    (12) months, or shall revoke or refuse to continue any  license  issued  under
 39    this chapter to a nonresident where the director has received a final order of
 40    suspension,  revocation  or  refusal to continue from the insurance regulatory
 41    official or court of jurisdiction of the licensee's home state. If cause under
 42    this provision exists after the expiration of the twelve (12) months,  succes-
 43    sive suspensions may be imposed by the director without hearing.
 44        (3)  In the event that the director denies or refuses to renew an applica-
 45    tion  for  a  license, the director shall notify the applicant or licensee and
 46    advise, in writing, the applicant or licensee of the reason for the denial  or
 47    nonrenewal of the applicant's or licensee's license. The applicant or licensee
 48    may  make  written  demand upon the director within twenty-one (21) days for a
 49    hearing before the director to determine the reasonableness of the  director's
 50    action. The hearing shall be held pursuant to chapter 2, title 41, and chapter
 51    52, title 67, Idaho Code.
 52        (4)  The license of a business entity may be suspended, revoked or refused
 53    if  the  director  finds,  after  hearing, that the violation of an individual
 54    licensee, who is registered to or acting on behalf of the business entity, was
 55    known or should have been known by one (1) or more of the owners, officers  or
                                                                        
                                           4
                                                                        
  1    managers  acting  on  behalf of the business entity and that the violation was
  2    not reported to the director and no corrective action was taken.
  3        (5)  In addition to or in lieu of any  applicable  denial,  suspension  or
  4    revocation  of  a  license, a person may, after hearing, be subject to a civil
  5    fine or administrative  penalty pursuant to subsection (1) of this section  or
  6    any other applicable section.
  7        (6)  The  director shall retain the authority to enforce the provisions of
  8    and impose any penalty or remedy authorized by title 41, Idaho  Code,  against
  9    any person who is under investigation for or charged with a violation of title
 10    41,  Idaho Code, or department rule, even if the person's license or registra-
 11    tion has been surrendered, has lapsed by operation of law, or  if  the  person
 12    has never been licensed.
                                                                        
 13        SECTION  6.  That  Section 41-1301, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        41-1301.  PURPOSES OF TRADE PRACTICES LAW. The purpose of sections 41-1301
 16    through 41-13221, Idaho Code, is to regulate trade practices in  the  business
 17    of insurance in accordance with the intent of congress as expressed in the act
 18    of  congress  of  March 9, 1945 (Public Law 15, 79th Congress [ch. 20, 59 U.S.
 19    Stat. at Large 33]), by defining, or providing for the determination  of,  all
 20    such practices in this state which constitute unfair methods of competition or
 21    unfair  or  deceptive acts or practices and by prohibiting the trade practices
 22    so defined or determined.
                                                                        
 23        SECTION 7.  That Section 41-1320, Idaho Code, be, and the same  is  hereby
 24    repealed.
                                                                        
 25        SECTION  8.  That  Section 41-1321, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        41-1321.  PROCEDURES AS TO UNDEFINED PRACTICES. (1) Whenever the  director
 28    has  reason to believe that any person engaged in the business of insurance is
 29    engaging in this state in any method of competition or in any act or  practice
 30    in  the  conduct of such business which is not expressly prohibited or defined
 31    in this chapter, that such method of competition is unfair or that such act or
 32    practice is unfair or deceptive and  that  a  proceeding  by  him  in  respect
 33    thereto  would  be  to the interest of the public, he may issue and serve upon
 34    such person a statement of the charges in that respect and a notice of a hear-
 35    ing thereon to be held at a time and place fixed in the  notice,  which  shall
 36    not  be less than twenty (20) days after the date of the service thereof. Each
 37    such hearing shall be conducted in the same manner as the hearings as provided
 38    for in chapter 2, title 41, of this Idaho Ccode,  or  seek  any  other  relief
 39    authorized  by  title  41, Idaho Code. The director shall, after such hearing,
 40    make a report in writing in which he shall state his findings as to the facts,
 41    and he shall serve a copy thereof upon such person.
 42        (2)  If such report charges a violation of this chapter and if such method
 43    of competition, act or practice has not been discontinued, the  director  may,
 44    through  counsel, at any time after thirty (30) days after the service of such
 45    report cause a petition to be filed in the District Court of  Ada  county,  to
 46    enjoin and restrain such person from engaging in such method, act or practice.
 47    The  court  shall  have jurisdiction of the proceeding and shall have power to
 48    make and enter appropriate orders in connection therewith and  to  issue  such
 49    writs as are ancillary to its jurisdiction or are necessary in its judgment to
 50    prevent injury to the public pendente lite.
                                                                        
                                           5
                                                                        
  1        (3)  A  transcript  of  the proceedings before the director, including all
  2    evidence taken and the report and findings, shall be filed with such petition.
  3    If either party applies to the court for leave to adduce  additional  evidence
  4    and  shows, to the satisfaction of the court, that such additional evidence is
  5    material and there were reasonable grounds for the failure to adduce such evi-
  6    dence in the proceeding before the director, the court may  order  such  addi-
  7    tional evidence to be taken before the commissioner and to be adduced upon the
  8    hearing  in  such manner and upon such terms and conditions as may seem proper
  9    to the court. The director may modify his findings of fact or make  new  find-
 10    ings  by  reason  of  the additional evidence so taken, and he shall file such
 11    modified or new findings with the return of such additional evidence.
 12        (4)  If the court finds that the method of competition  complained  of  is
 13    unfair  or that the act or practice complained of is unfair or deceptive, that
 14    the proceeding by the director with respect thereto is to the interest of  the
 15    public  and  that  the findings of the director are supported by the weight of
 16    the evidence, the court shall issue its orders enjoining and  restraining  the
 17    continuance of such method of competition, act or practice.
                                                                        
 18        SECTION  9.  That  Section 41-1322, Idaho Code, be, and the same is hereby
 19    repealed.
                                                                        
 20        SECTION 10.  That Section 41-1417, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        41-1417.  ADMISSION OF SUBSCRIBERS -- SERVICES NONDISCRIMINATORY. (1) Sub-
 23    ject to rules and regulations which have been approved by the director as rea-
 24    sonable,  each  rating organization shall permit any insurer, not a member, to
 25    be a subscriber to its rating services for any kind of insurance  or  subdivi-
 26    sion  thereof,  or class of risk or a part or combination thereof for which it
 27    is authorized to act as a rating organization. Notice of proposed  changes  in
 28    such rules and regulations shall be given to subscribers.
 29        (2)  Each  rating  organization  shall furnish its rating services without
 30    discrimination to its members and subscribers.
 31        (3)  The reasonableness of any rule or regulation in  its  application  to
 32    subscribers,  or the refusal of any rating organization to admit an insurer as
 33    a subscriber, shall, at the request of any subscriber or any such insurer,  be
 34    reviewed  by the director at a hearing held upon at least ten (10) days' writ-
 35    ten notice to the rating organization and to  the  subscriber  or  insurer  in
 36    accordance  with  chapter  2, title 41, Idaho Code. If the director finds that
 37    such rule or regulation is unreasonable in its application to subscribers,  he
 38    shall  order  that  the  rule  or  regulation  shall not be applicable to sub-
 39    scribers. If a rating organization fails  to  grant  or  reject  an  insurer's
 40    application  for subscribership within thirty (30) days after it was made, the
 41    insurer may request a review by the director as if the  application  had  been
 42    rejected.  If  the director finds that the insurer has been refused admittance
 43    to the rating organization as a subscriber  without  justification,  he  shall
 44    order  the  rating  organization  to  admit the insurer as a subscriber. If he
 45    finds that the action of the rating organization was justified, he shall  make
 46    an order affirming its action.
                                                                        
 47        SECTION  11.  That Section 41-1426, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        41-1426.  JOINT UNDERWRITING OR JOINT REINSURANCE. (1) Every group,  asso-
 50    ciation, or other organization of insurers which engages in joint underwriting
                                                                        
                                           6
                                                                        
  1    or  joint  reinsurance, shall be subject to regulation with respect thereto as
  2    herein provided, subject, however, with respect to joint underwriting, to  all
  3    other  applicable provisions of this chapter, or chapter 16 (workmen'sworker's
  4    compensation rates), title 41, Idaho Code, and, with respect to joint reinsur-
  5    ance to sections as follows:
  6        (a)  Section 41-1427 (examination of rating, advisory, and joint  reinsur-
  7        ance organizations);
  8        (b)  Section 41-1432 (penalties); and
  9        (c)  Section 41-1434 (hearing procedure); and
 10        (d)  Section 41-1435 (appeal from the director).
 11        (2)  If, after a hearing, the director finds that any activity or practice
 12    of any such group, association or other organization is unfair or unreasonable
 13    or  otherwise  inconsistent with the applicable provisions of this chapter, or
 14    chapter 16, title 41, Idaho Code, he may issue a written order  specifying  in
 15    what respects such activity or practice is unfair or unreasonable or otherwise
 16    inconsistent  with  such  provisions, and requiring the discontinuance of such
 17    activity or practice.
                                                                        
 18        SECTION 12.  That Section 41-1432, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:
                                                                        
 20        41-1432.  PENALTIES  FOR  VIOLATIONS  OR  NONCOMPLIANCE. (1) Violations of
 21    this chapter, or of chapter 16 (workmen'sworker's compensation  rates),  title
 22    41,  Idaho  Code, shall be subject to the penalties provided by section 41-117
 23    (general penalty), Idaho Code.
 24        (2)  After a hearing thereon of which not less than ten (10) days' written
 25    notice specifying the alleged noncompliance has been given the rating  organi-
 26    zation  or  insurer  in  accordance  with chapter 2, title 41, Idaho Code, the
 27    director may suspend or revoke any insurer which has failed to comply with  an
 28    order  of  the  director  within  the time limited by the order, or within any
 29    extension of time which the director may grant. The director shall not so sus-
 30    pend or revoke for failure to comply with his order until the time  prescribed
 31    for  an  appeal  from  such  order has expired or if an appeal has been taken,
 32    until such order has been affirmed. The director may determine when  the  sus-
 33    pension  or revocation shall become effective, and, subject to section 41-329,
 34    Idaho Code, as to an insurer's certificate of authority, any suspension  order
 35    shall  remain  in  effect  for  the  period fixed by him unless he modifies or
 36    rescinds the suspension or until the order upon which the suspension is  based
 37    is modified, rescinded or reversed.
                                                                        
 38        SECTION  13.  That Section 41-1434, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        41-1434.  HEARING PROCEDURE.  (1)  An  insurer,  rating  organization,  or
 41    insurance  examining  bureau aggrieved by an order or decision of the director
 42    made without a hearing, may, within thirty (30) days after notice of the order
 43    to the insurer, organization or bureau, make written request to  the  director
 44    for  a  hearing  thereon. The director shall hear such party or parties within
 45    twenty (20) days after receipt of such request and shall give  not  less  than
 46    ten  (10) days' written notice of the time and place of the hearing. The hear-
 47    ing shall be concluded within fifteen (15) days from the commencement thereof,
 48    provided however, that the director upon application with notice to the inter-
 49    ested parties and for good cause shown, may grant additional time, not exceed-
 50    ing fifteen (15) days. Within twenty (20) days after the  conclusion  of  such
 51    hearing  the  director  shall  affirm,  reverse or modify his previous action,
                                                                        
                                           7
                                                                        
  1    specifying his reasons therefor, and shall give a copy of such order or  deci-
  2    sion to all interested parties.
  3        (2)  The  order shall contain specific findings of fact by the director in
  4    relation to the matter before him, such findings to be supported by a  prepon-
  5    derance  of  the evidence. Any party may file with the director proposed find-
  6    ings of fact, to be accepted or rejected by the director.
  7        (3)  Pending such hearing and decision thereon the director may suspend or
  8    postpone the effective date of his previous action.
  9        (4)  Nothing contained in this chapter or in chapter 16 (workmen's compen-
 10    sation rates), shall require the observance at any hearing before the director
 11    of formal rules of pleading or evidence, except that the right of  any  person
 12    to  invoke  such  rules and the rule of exclusion of witnesses is preserved in
 13    accordance with chapter 2, title 41, Idaho Code.
                                                                        
 14        SECTION 14.  That Section 41-1435, Idaho Code, be, and the same is  hereby
 15    repealed.
                                                                        
 16        SECTION  15.  That Section 41-1440, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        41-1440.  HEARINGS. (1) Any person aggrieved by any rate  charged,  rating
 19    plan, rating system, or underwriting rule followed or adopted by an insurer or
 20    rating organization may himself or by his authorized representative make writ-
 21    ten  request  of  the  insurer  or rating organization to review the manner in
 22    which the rate, plan, system, or rule has been applied with respect to  insur-
 23    ance afforded him. If the request is not granted within thirty (30) days after
 24    it  is  made,  the requestor may treat it as rejected. Any person aggrieved by
 25    the refusal  of  an  insurer  or  rating  organization  to  grant  the  review
 26    requested,  or  by  the  failure or refusal to grant all or part of the relief
 27    requested, may file a written complaint  and  request  for  hearing  with  the
 28    director, specifying the grounds relied upon. If the director has already dis-
 29    posed  of the issue as raised by a similar complaint, he may deny the hearing.
 30    If the director believes that probable cause for the complaint does not  exist
 31    or  that  the  complaint is not made in good faith, he shall deny the hearing.
 32    Otherwise, and if he also finds that the complaint charges a violation of this
 33    chapter and that the complainant  would  be  aggrieved  if  the  violation  is
 34    proven, he shall proceed as provided in subsection (2), of this section.
 35        (2)  If  after  examination  of  an insurer, rating organization, advisory
 36    organization, or group, association or other organization  of  insurers  which
 37    engages in joint underwriting or joint reinsurance, or upon the basis of other
 38    information,  or  upon  sufficient complaint as provided in subsection (1), of
 39    this section, the director has good cause to believe that such insurer,  orga-
 40    nization, group or association, or any rate, rating plan or rating system made
 41    or  used  by any such insurer or rating organization, does not comply with the
 42    requirements and standards of this chapter applicable to it, he shall,  unless
 43    he has good cause to believe such noncompliance is wilful willful, give notice
 44    in writing to such insurer, organization, group or association stating therein
 45    in what manner and to what extent noncompliance is alleged to exist and speci-
 46    fying  therein  a  reasonable time, not less than ten (10) days thereafter, in
 47    which the noncompliance may be corrected. Notices under this section shall  be
 48    subject  to  disclosure  according to chapter 3, title 9, Idaho Code, unless a
 49    hearing is held under subsection (3), of this section.
 50        (3)  If the director has good cause to believe that such noncompliance  is
 51    wilful  willful,  or  if  within  the period prescribed by the director in the
 52    notice required by subsection (2), of this section, the insurer, organization,
                                                                        
                                           8
                                                                        
  1    group or association does not make such changes as may be necessary to correct
  2    the noncompliance specified by the director or establish to  the  satisfaction
  3    of  the  director  that  such specified noncompliance does not exist, then the
  4    director may hold a public hearing in connection therewith; and within a  rea-
  5    sonable  period of time, which shall be not less than ten (10) days before the
  6    date of such hearing, he shall mail written notice specifying the  matters  to
  7    be considered at such hearing to such insurer, organization, group  or associ-
  8    ation  in  accordance  with  chapter 2, title 41, Idaho Code. If no notice has
  9    been given as provided in subsection (2), of this section,  the  notice  shall
 10    state in what manner and to what extent noncompliance is alleged to exist. The
 11    hearing shall not consider any subject not specified in the notice required by
 12    subsection (2), of this section.
 13        (4)  If  after  a  hearing pursuant to subsection (3) of this section, the
 14    director finds:
 15        (a)  That any rate, rating plan or rating system violates  the  applicable
 16        provisions  of this chapter, he may issue an order to the insurer, or rat-
 17        ing organization, group or association which has been the subject  of  the
 18        hearing  specifying  in  what respects such violation exists and requiring
 19        compliance within a reasonable time thereafter.
 20        (b)  That an insurer, rating organization,  advisory  organization,  or  a
 21        group,  association  or  other  organization  of insurers which engages in
 22        joint underwriting or joint reinsurance, is in violation of the applicable
 23        provisions of this chapter other than the provisions dealing  with  rates,
 24        rating  plans  or  rating  systems, he may issue an order to such insurer,
 25        organization, group or association which has been the subject of the hear-
 26        ing specifying in what respects such violation exists and  requiring  com-
 27        pliance within a reasonable time thereafter.
 28        (c)  That  any  such  violation by an insurer or rating organization which
 29        has been the subject of hearing was wilful  willful,  he  may  suspend  or
 30        revoke,  in whole or in part, the certificate of authority of such insurer
 31        or the license of such rating organization with respect to  the  class  of
 32        insurance which has been a subject of the hearing.
 33        (d)  That  any  rating  organization has wilfully willfully engaged in any
 34        fraudulent or dishonest act or practice, he  may  suspend  or  revoke,  in
 35        whole  or  in  part,  the  license of such organization in addition to any
 36        other penalty provided in this chapter.
 37        (5)  Except as otherwise provided in this chapter, all proceedings in con-
 38    nection with the denial, suspension or revocation of a license or  certificate
 39    of  authority shall be conducted in accordance with the provisions of chapters
 40    2 and 3, of this title  41, Idaho Code, and the director shall  have  all  the
 41    powers granted to him therein.
                                                                        
 42        SECTION  16.  That Section 41-1610, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        41-1610.  SUBSEQUENT DISAPPROVAL OF FILING. If any time subsequent to  the
 45    applicable  review  period provided for in section 41-1608(2), Idaho Code, the
 46    director finds that a filing does not meet the requirements of  this  chapter,
 47    he  shall  after  a  hearing  held  upon  not less than ten (10) days' written
 48    notice, specifying the matters to be considered at such hearing in  accordance
 49    with  chapter 2, title 41, Idaho Code, to every rating organization which made
 50    the filing, issue an order specifying in what respects he finds that the  fil-
 51    ing fails to meet the requirements of this chapter, and stating when, within a
 52    reasonable  period thereafter, the filing shall be deemed no longer effective.
 53    Copies of the order shall be sent to every such rating organization. The order
                                                                        
                                           9
                                                                        
  1    shall not affect any contract or policy made or issued prior to the expiration
  2    of the period set forth in the order.
                                                                        
  3        SECTION 17.  That Section 41-1614, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        41-1614.  DEVIATIONS.  (1)  Every  member  of  a rating organization shall
  6    adhere to the filings made on its behalf by such organization except that  any
  7    such  insurer  may  make written application to the director for permission to
  8    file a uniform percentage decrease or increase to be applied to  the  premiums
  9    produced  by the rating system so filed for a kind of insurance or for a class
 10    of insurance which is found by the director to be a proper rating unit for the
 11    application of such uniform percentage decrease or increase, or for a subdivi-
 12    sion of a kind of insurance (a) comprised of a group of manual classifications
 13    which is treated as a separate unit for rate-making purposes, or (b) for which
 14    separate expense provisions are included in the filings of the rating  organi-
 15    zation.  Such  applications  shall  specify the basis for the modification and
 16    shall be accompanied by the data upon which the applicant relies.  A  copy  of
 17    the application and data shall be sent simultaneously to such rating organiza-
 18    tion.
 19        (2)  The  director  shall  set a time and place for a hearing at which the
 20    insurer and such rating organization may be heard and shall give them not less
 21    than ten (10) days' written notice thereof in accordance with chapter 2, title
 22    41, Idaho Code. In the event the director is advised by the  rating  organiza-
 23    tion  that it does not desire a hearing he may, upon the consent of the appli-
 24    cant, waive such hearing. In permitting  or  denying  such  modification  with
 25    respect  to  workmen's worker's compensation insurance the director shall give
 26    consideration to the operating methods and expense provisions of  the  insurer
 27    as compared with the expense provisions included in the rating system filed by
 28    such rating organization.
 29        (3)  The  director  shall  issue  an order permitting the modification for
 30    such insurer to be filed if he finds it to be justified and it shall thereupon
 31    become effective. He shall issue an order denying such application if he finds
 32    that the modification is not justified or that the resulting premiums would be
 33    excessive, inadequate or unfairly discriminatory.
 34        (4)  Each deviation permitted to be filed shall be effective for a  period
 35    of one (1) year from the date of such permission unless terminated sooner with
 36    the approval of the director.
                                                                        
 37        SECTION  18.  That Section 41-1619, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        41-1619.  OTHER PROVISIONS APPLICABLE. Subject to the  express  provisions
 40    of  this  chapter, the following sections of chapter 14, title 41, Idaho Code,
 41    shall, to the extent so applicable, also apply as to this chapter:
 42        (1)  Section 41-1421 (technical services).
 43        (2)  Section 41-1425 (advisory organizations).
 44        (3)  Section 41-1426 (joint underwriting or joint reinsurance).
 45        (4)  Section 41-1427 (examination of rating, advisory, and joint  reinsur-
 46    ance organizations).
 47        (5)  Section  41-1428  (recording,  reporting  of loss and expense experi-
 48    ence).
 49        (6)  Section 41-1429 (interchange of data, consultation).
 50        (7)  Section 41-1431 (false, misleading information).
 51        (8)  Section 41-1432 (penalties for violations, noncompliance).
                                                                        
                                           10
                                                                        
  1        (9)  Section 41-1433 (rules and regulations).
  2        (10) Section 41-1434 (hearing procedure).
  3        (11) Section 41-1435 (appeal from the director).
                                                                        
  4        SECTION 19.  That Section 41-1620, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        41-1620.  RATING ORGANIZATIONS. (1) A corporation, an unincorporated asso-
  7    ciation,  a  partnership  or  an individual, whether located within or outside
  8    this state, may make application to the director for license as a rating orga-
  9    nization for such kinds of insurance or subdivisions thereof which are subject
 10    to this chapter as are specified in its application, and shall file therewith:
 11    (a) a copy of its constitution, its articles of agreement  or  association  or
 12    its  certificate  of  incorporation,  and of its bylaws, rules and regulations
 13    governing the conduct of its business; (b) a list  of  its  members  and  sub-
 14    scribers;  (c)  the  name  and  address  of a resident of this state upon whom
 15    notices or orders of the director or process affecting such  rating  organiza-
 16    tion  may  be  served;  and  (d) a statement of its qualifications as a rating
 17    organization. If the director finds that the applicant is competent, trustwor-
 18    thy and otherwise qualified to act as a rating organization and that its  con-
 19    stitution,  articles  of agreement or association or certificate of incorpora-
 20    tion, and its bylaws, rules and regulations governing the conduct of its busi-
 21    ness conform to the requirements of law, he shall issue a  license  specifying
 22    the  kinds  of  insurance  or  subdivisions thereof for which the applicant is
 23    authorized to act as a rating organization. Every such  application  shall  be
 24    granted  or  denied in whole or in part by the director within sixty (60) days
 25    of the date of its filing with him. Licenses issued pursuant to  this  section
 26    shall  remain in effect for one (1) year unless sooner suspended or revoked by
 27    the director. The fee for the license shall be as provided by rule pursuant to
 28    section 41-401, Idaho Code. Licenses issued pursuant to this  section  may  be
 29    suspended  or revoked by the director, after hearing upon notice, in the event
 30    the rating organization ceases to meet the requirements  of  this  subsection.
 31    Every  rating  organization shall notify the director promptly of every change
 32    in: (a) its constitution, its articles of agreement or association or its cer-
 33    tificate of incorporation, and its bylaws, rules and regulations governing the
 34    conduct of its business; (b) its list of members and subscribers; and (c)  the
 35    name  and  address  of  the  resident of this state designated by it upon whom
 36    notices or orders of the director or process affecting such  rating  organiza-
 37    tion may be served.
 38        (2)  Subject  to  rules  and  regulations  which have been approved by the
 39    director as reasonable, each rating organization shall permit any insurer, not
 40    a member, to be a subscriber to its rating services for any kind of  insurance
 41    or subdivision thereof for which it is authorized to act as a rating organiza-
 42    tion.  Notice of proposed changes in such rules and regulations shall be given
 43    to subscribers. Each rating organization shall  furnish  its  rating  services
 44    without  discrimination  to its members and subscribers. The reasonableness of
 45    any rule or regulation in its application to subscribers, or  the  refusal  of
 46    any  rating  organization  to  admit an insurer as a subscriber, shall, at the
 47    request of any subscriber or any such insurer, be reviewed by the director  at
 48    a  hearing  held  upon  at  least ten (10) days' written notice to such rating
 49    organization and to such subscriber or insurer in accordance with  chapter  2,
 50    title  41,  Idaho  Code. If the director finds that such rule or regulation is
 51    unreasonable in its application to subscribers, he shall order that such  rule
 52    or  regulation shall not be applicable to subscribers. If the rating organiza-
 53    tion fails to grant or reject  an  insurer's  application  for  subscribership
                                                                        
                                           11
                                                                        
  1    within thirty (30) days after it was made, the insurer may request a review by
  2    the  director  as  if the application had been rejected. If the director finds
  3    that the insurer has been refused admittance to the rating organization  as  a
  4    subscriber  without  justification,  he shall order the rating organization to
  5    admit the insurer as a subscriber. If he finds that the action of  the  rating
  6    organization was justified, he shall make an order affirming its action.
  7        (3)  Every  member  of or subscriber to a rating organization shall adhere
  8    to the rating organization's manuals of classifications, rules, rates,  rating
  9    plans and any modifications of any of the foregoing, except to the extent that
 10    the rules of such rating organizations permit departures therefrom.
 11        (4)  No rating organization shall adopt any rule the effect of which would
 12    be  to  prohibit  or  regulate the payment of dividends, savings or unabsorbed
 13    premium deposits allowed or returned by insurers to their policyholders,  mem-
 14    bers or subscribers.
                                                                        
 15        SECTION  20.  That Section 41-1621, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        41-1621.  APPEAL BY MINORITY. (1) Any member of or subscriber to a  rating
 18    organization  may  appeal  to  the director from the action or decision of the
 19    rating organization in approving or rejecting any proposed change in or  addi-
 20    tion to the filings of the rating organization and the director shall, after a
 21    hearing  held  upon  not  less  than  ten  (10)  days'  written  notice to the
 22    appeallant appellant and to the rating organization in accordance with chapter
 23    2, title 41, Idaho Code, issue an order approving the action  or  decision  of
 24    the  rating organization or directing it to give further consideration to such
 25    proposal, or, if such appeal is from the action  or  decision  of  the  rating
 26    organization  in  rejecting a proposed addition to its filings, he may, in the
 27    event he finds that such action or decision was unreasonable, issue  an  order
 28    directing  the  rating  organization  to  make  an addition to its filings, on
 29    behalf of its members and subscribers, in a manner consistent with  his  find-
 30    ings, within a reasonable time after the issuance of such order.
 31        (2)  If  such  appeal is based upon the failure of the rating organization
 32    to make a filing on behalf of such member of or subscriber which is based on a
 33    system of expense provisions which  differs,  in  accordance  with  the  right
 34    granted  in  section 41-1603(2), Idaho Code, from the system of expense provi-
 35    sions included in a filing made  by  the  rating  organization,  the  director
 36    shall,  if  he  grants  the  appeal, order the rating organization to make the
 37    requested filing for use by the appellant. In deciding such appeal the  direc-
 38    tor  shall  apply  the  standards  set forth in sections 41-1603 and 541-1604,
 39    Idaho Code.
                                                                        
 40        SECTION 21.  That Section 41-1622, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:
                                                                        
 42        41-1622.  INFORMATION  TO  INSUREDS -- REVIEW OF INSURED'S COMPLAINT.  (1)
 43    Every rating organization and every insurer which makes its own  rates  shall,
 44    within  a  reasonable  time  after receiving written request therefor and upon
 45    payment of such reasonable charges as it may  make,  furnish  to  any  insured
 46    affected  by  a  rate  made by it, or to the authorized representative of such
 47    insured, all pertinent information as to such rate.
 48        (2)  Every rating organization and every insurer which makes its own rates
 49    shall provide within this state reasonable means whereby any person  aggrieved
 50    by  the  application  of  its  rating system may be heard, in person or by his
 51    authorized representative, on his written request  to  review  the  manner  in
                                                                        
                                           12
                                                                        
  1    which  such  rating  system  has been applied in connection with the insurance
  2    afforded him. If the rating organization or insurer fails to grant  or  reject
  3    such  request within thirty (30) days after it is made, the applicant may pro-
  4    ceed in the same manner as  if his application had been  rejected.  Any  party
  5    affected  by  the  action  of such rating organization or such insurer on such
  6    request may, within thirty (30) days after  written  notice  of  such  action,
  7    appeal  to the director, who, after a hearing held upon not less than ten (10)
  8    days' written notice to the appellant  and  to  such  rating  organization  or
  9    insurer  in  accordance  with  chapter  2, title 41, Idaho Code, may affirm or
 10    reverse such action.
                                                                        
 11        SECTION 22.  That Section 41-1623, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:
                                                                        
 13        41-1623.  APPEAL  FROM  FILING.  (1)  Any person or organization aggrieved
 14    with respect to any filing which is in effect may make written application  to
 15    the  director  for  a  hearing thereon, provided, however, that the insurer or
 16    rating organization that made the filing shall not be  authorized  to  proceed
 17    under  this  section.  Such application shall specify the grounds to be relied
 18    upon by the applicant. If the director finds that the application is  made  in
 19    good faith, that the applicant would be so aggrieved if his grounds are estab-
 20    lished,  and  that  such  grounds otherwise justify holding such a hearing, he
 21    shall, within thirty (30) days after receipt of such application, hold a hear-
 22    ing upon not less than ten (10) days' written notice to the applicant  and  to
 23    every insurer and rating organization which made the filing in accordance with
 24    chapter 2, title 41, Idaho Code.
 25        (2)  If,  after  such hearing, the director finds that the filing does not
 26    meet the requirements of the law he shall issue an order  specifying  in  what
 27    respects  he finds that such filing fails to meet the requirements of law, and
 28    stating when, within a reasonable period  thereafter,  such  filing  shall  be
 29    deemed no longer effective. Copies of the order shall be sent to the applicant
 30    and  to every such insurer and rating organization. The order shall not affect
 31    any contract or policy made or issued prior to the expiration  of  the  period
 32    set forth in the order.
                                                                        
 33        SECTION  23.  That Section 41-1625, Idaho Code, be, and the same is hereby
 34    repealed.
                                                                        
 35        SECTION 24.  That Section 41-2309, Idaho Code, be, and the same is  hereby
 36    amended to read as follows:
                                                                        
 37        41-2309.  FILING, APPROVAL AND WITHDRAWAL OF FORMS. (1) All policies, cer-
 38    tificates of insurance, notices of proposed insurance, applications for insur-
 39    ance,  endorsements  and riders delivered or issued for delivery in this state
 40    and the schedule of premium rates pertaining thereto shall be filed  with  the
 41    director.
 42        (2)  The  director  shall  within thirty (30) days after the filing of any
 43    such policies, certificates  of  insurance,  notices  of  proposed  insurance,
 44    applications  for insurance, endorsements and riders, disapprove any such form
 45    if the premium rates charged or to be charged are  excessive  in  relation  to
 46    benefits,  or if it contains provisions which are unjust, unfair, inequitable,
 47    misleading, deceptive or encourage misrepresentation of the coverage,  or  are
 48    contrary  to  any  provision of this code or of any rule or regulation promul-
 49    gated thereunder. In determining whether to  disapprove  any  such  forms  the
 50    director  shall give due consideration to past and prospective loss experience
                                                                        
                                           13
                                                                        
  1    within and outside this state, to underwriting practice and  judgment  to  the
  2    extent  appropriate, and to all other relevant factors within and outside this
  3    state.
  4        (3)  If the director notifies the insurer that the form is disapproved, it
  5    is unlawful thereafter for such insurer to issue or use  such  form.  In  such
  6    notice,  the  director  shall specify the reason for his disapproval and state
  7    that a hearing will be granted within twenty (20) days after request in  writ-
  8    ing  by  the insurer. No such policy, certificate of insurance, notice of pro-
  9    posed insurance, nor any application, endorsement or rider, shall be issued or
 10    used until the expiration of thirty (30) days after  it  has  been  so  filed,
 11    unless the director shall give his prior written approval thereto.
 12        (4)  The  director  may,  at  any  time after a hearing held not less than
 13    twenty (20) days after written notice to the insurer in accordance with  chap-
 14    ter  2,  title  41,  Idaho Code, withdraw his approval of any such form on any
 15    ground set forth in subsection (2) above of this section. The  written  notice
 16    of such hearing shall state the reason for the proposed withdrawal.
 17        (5)  The  insurer  shall not issue such forms or use them after the effec-
 18    tive date of such withdrawal.
 19        (6)  If a group policy of  credit  life  insurance  or  credit  disability
 20    insurance:  (a)  has been delivered in this state before the effective date of
 21    this code, or (b) has been or is delivered in another state  before  or  after
 22    the  effective  date  of this code, the insurer shall be required to file only
 23    the group certificate and notice of proposed insurance as specified in subsec-
 24    tions (2) and (4) of section 41-2308, Idaho Code,  and  such  forms  shall  be
 25    approved  by  the  director if they conform with the requirements specified in
 26    such subsections and if the schedules  of  premium  rates  applicable  to  the
 27    insurance  evidenced  by  such  certificate or notice are not in excess of the
 28    insurer's schedules of premium rates on file with the director; provided, how-
 29    ever, the premium rate in effect on existing group policies may  be  continued
 30    until  the  first policy anniversary date following the date this code becomes
 31    effective.
 32        (7)  Any order or final determination of the director under the provisions
 33    of this section shall be subject to judicial review as provided in chapter  2,
 34    of this title 41, Idaho Ccode.
                                                                        
 35        SECTION  25.  That Section 41-2315, Idaho Code, be, and the same is hereby
 36    repealed.
                                                                        
 37        SECTION 26.  That Section 41-2316, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        41-2316.  PENALTIES. In addition to any other penalty provided by law, any
 40    person  who  violates  an order of the director after it has become final, and
 41    while such order is in effect, shall, upon proof thereof to  the  satisfaction
 42    of  the  court,  forfeit and pay to the state of Idaho a sum not to exceed two
 43    hundred and fifty dollars ($250) which may be recovered  in  a  civil  action,
 44    except  that  if  such  violation is found to be wilful willful, the amount of
 45    such penalty shall be a sum not to exceed one thousand dollars  ($1,000).  The
 46    director,  in his discretion, may revoke or suspend the license or certificate
 47    of authority of the person guilty of such violation. Such order for suspension
 48    or revocation shall be upon notice and hearing, and shall be subject to  judi-
 49    cial review as provided in section 41-2315 chapter 52, title 67, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE

                           RS 14434C2

The insurance code, Idaho Code Title 41, contains a number of
references to administrative hearing procedures that were adopted
before the current version of the Administrative Procedures Act
(APA) was adopted.  The purpose of the proposed legislation is to
make Title 41 and the APA more consistent relating to
administrative hearing procedures. 


                         FISCAL  IMPACT

None.



CONTACT                               
Name:    Shad Priest
Agency:  Insurance, Dept. of
Phone:   334-4214


Statement of Purpose/Fiscal Impact                      H 118