2012 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 76 - Health Maintenance Organizations
§ 23-76-126 - Administrative proceedings.

(a) Application for a Certificate of Authority. (1) The public hearing referred to in § 23-76-108(a)(3)(C) shall be held within sixty (60) days after receipt by the Insurance Commissioner of the certification from the Director of the Department of Health, and at least twenty (20) days' notice thereof shall be given by the commissioner to the person filing the application.

(2) At the hearing, the person filing the application, any person to whom notice of hearing was sent, and any other person whose interest may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the courts of this state.

(3) All discovery proceedings shall be concluded not later than three (3) days prior to commencement of the public hearing.

(b) Proceedings Against a Certificate of Authority. (1) When the commissioner has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall notify the health maintenance organization and the director in writing specifically stating the grounds for suspension or revocation and fixing a time of at least twenty (20) days thereafter for a hearing on the matter.

(2) (A) The director, or his or her designated representative, shall be in attendance at the hearing and shall participate in the proceedings.

(B) The recommendation and findings of the director, with respect to matters relating to the quality of health care services provided in connection with any decision regarding suspension or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner.

(C) After the hearing or upon the failure of the health maintenance organization to appear at the hearing, the commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the director.

(c) Judicial Review. The action of the commissioner and the recommendation and findings of the director shall be subject to review by the Pulaski County Circuit Court. In disposing of the issue before it, the court may affirm or reverse the order of the commissioner. The review shall be upon the entire record and the commissioner's decision shall be affirmed if it is supported by the preponderance of the evidence in the record.

(d) The provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to proceedings under this section to the extent they are not in conflict with subsections (a) and (b) of this section.