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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
138A
:
SURPLUS LINES INSURANCE MULTI-STATE COMPLIANCE COMPACT
§
5062. Review of Commission decisions
(a) Except as
necessary for adopting rules to fulfill the purposes of this Compact, the
Commission shall not have authority to otherwise regulate insurance in the
compacting states.
(b) Not later
than 30 days after the Commission has given notice of any rule or allocation
formula, any third party filer or compacting state may appeal the determination
to a review panel appointed by the Commission. The Commission shall adopt rules
to establish procedures for appointing such review panels and provide for
notice and hearing. An allegation that the Commission, in making compliance or
tax determinations acted arbitrarily, capriciously, or in a manner that is an
abuse of discretion or otherwise not in accordance with the law, is subject to
judicial review in accordance with subsection 5054(f) of this chapter.
(c) The
Commission shall have authority to monitor, review, and reconsider Commission
decisions upon a finding that the determinations or allocations do not meet the
relevant rule. Where appropriate, the Commission may withdraw or modify its
determination or allocation after proper notice and hearing, subject to the
appeal process in subsection (b) of this section. (Added 2011, No. 49, § 1,
eff. May 26, 2011.)