Section R20-6-114. Request for Rehearing or Review

A.      Within 30 days after service of the Director’s order on the hearing, any aggrieved party may request a rehearing or review of the order. The request shall be in writing and shall be served upon the Director as provided by R20-6-103, and a copy shall be served upon all other parties to the hearing, including the Attorney General if the Attorney General is not the party filing the request.

B.       A request for rehearing or review shall be based upon one or more of the following grounds which have materially affected the rights of a party:

1.        Irregularity in the hearing proceedings, or any order or abuse of discretion whereby the party seeking rehearing or review was deprived of a fair hearing;

2.        Misconduct by the Director, the hearing officer or any party to the hearing;

3.        Accident or surprise which could not have been pre- vented by ordinary prudence;

4.        Newly discovered material evidence which could not have been discovered with reasonable diligence and pro- duced at the hearing;

5.        Excessive or insufficient sanctions or penalties imposed;

6.        Error in the admission or rejection of evidence, or errors of law occurring at the hearing or during the course of the hearing;

7.        Bias or prejudice of the Director or hearing officer;

8.        That the order, decision, or findings of fact are not justi- fied by the evidence or are contrary to law.

C.      A request for rehearing or review shall specify which of the grounds listed in subsection (B) it is based upon and shall set forth specific facts  and  laws in  support  of the  request. A request may cite relevant portions of testimony from the hear- ing by referring to the pages or lines of the reporter’s transcript of the hearing and may cite hearing exhibits by reference to the exhibit number.

D.      A request for rehearing shall specify the relief sought by the request, such as a different finding of fact, conclusion of law or order. A request for rehearing or review may seek multiple forms of relief in the alternative.

E.       When a request for rehearing is based upon affidavits, they shall be attached to and filed with the request unless leave for later filing of affidavits is granted by the Director or hearing officer. Leave may be granted ex parte.

F.       A request for rehearing or review of the Director’s order on the hearing which is not timely made is deemed waived for the purpose of judicial review. A party who fails to request rehear- ing or review of the Director’s order on the hearing shall be barred from raising a claim in any proceeding in which the Director, the hearing officer or the Department of Insurance is a party, except as otherwise required by law.

G.      A party may file a written request for a stay of the Director’s decision. An order entered by the Director shall not be stayed by the filing of a stay request or a request for rehearing or review. The Director may stay an order pending the resolution of a request for rehearing or review or when justice requires.

Historical Note

Adopted effective January 23, 1992 (Supp. 92-1). R20-6- 114 recodified from R4-14-114 (Supp. 95-1). Amended effective June 15, 1998 (Supp. 98-2).