HOUSE BILL No. 6199


     June 13, 2002, Introduced by Rep. Ehardt and referred to the Committee on Insurance and Financial Services.


        A bill to amend 1956 PA 218, entitled

   "The insurance code of 1956,"

   by amending section 2030 (MCL 500.2030).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2030.  (1) At the time and place fixed for the hearing

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        referred to in section 2029, the person shall have an opportunity

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        to be heard, to be represented by counsel, and to show cause why

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        an order should not be made by the commissioner requiring the

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        person to cease and desist from the acts, methods, or practices

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        complained of.  Upon A showing by any person that he OR SHE has

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        an interest likely to be affected adversely, the commissioner

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        shall permit that person to intervene, appear, and be heard at

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        the hearing by counsel or in person.






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             (2) The burden of proof at the hearing shall be upon the

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        agency or upon an intervenor who intervened in opposition to the

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        person who is the subject of the proceeding.

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             (3) The commissioner or his OR HER designate shall preside

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        over the hearing.  , except that an independent hearing officer

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        shall be designated by the commissioner if requested by the

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        person who is the subject of the proceedings.  The independent

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        hearing officer shall be selected by the commissioner from a list

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        of individuals submitted by the American arbitration association

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        qualified to conduct hearings on behalf of the commissioner.  A

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        list of the individuals shall be maintained by the commissioner

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        and shall be compiled pursuant to rules promulgated by the

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        commissioner.  The rules shall set forth the qualifications, cri-

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        teria, and procedures to be utilized in the compilation of the

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        list of independent hearing officers.  The person subject to the

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        proceedings may exercise 1 peremptory dismissal of the hearing

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        officer selected, if exercised within 20 days after

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        notification.





















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