2005 Minnesota Statutes - 65B.12 — Right to hearing; construction of plan of operation.

     65B.12 Right to hearing; construction of plan of 
  operation. 


    Subdivision 1.    Hearing request.  Any member, applicant or 
 person insured 
 under a policy placed through the facility may request a formal 
 hearing and ruling by the governing committee on any alleged 
 violation of the plan of operation or any alleged improper act 
 or ruling of the facility.  The request for hearing must be 
 filed within 30 days after the date of the alleged act or 
 decision.  


    Subd. 2.    Plan of operation to provide.  The plan of operation 
 shall provide for prompt 
 and fair hearings, and shall prescribe the procedure to be 
 followed in the hearings.  


    Subd. 3.    Appeal of governing committee ruling.  Any formal 
 ruling by the governing committee may 
 be appealed to the commissioner by filing notice of appeal with 
 the facility and the commissioner within 30 days after issuance 
 of the ruling.  The hearing shall be governed by the procedures 
 for contested cases.  


    Subd. 4.    Appeal hearing.  Upon a hearing pursuant to chapter 
 14, the 
 commissioner shall issue an order approving or disapproving the 
 action or decision of the governing committee or directing the 
 governing committee to reconsider the ruling.  


    Subd. 4a.    Judicial review.  In lieu of the appeal to the 
 commissioner, a 
 member, applicant, or person may seek judicial review of the 
 governing committee's action.  


    Subd. 5.    Plan interpretation.  The plan of operation shall be 
 interpreted to 
 conform to the laws of this state with respect to automobile 
 insurance coverage and any changes in the laws, unless the 
 facility is specifically excluded from the applicability of 
 these laws. 


    HIST: 1971 c 813 s 12; 1987 c 337 s 97; 1992 c 520 s 17