Complaint Hearings at the Maryland dinsurance Administration. Joy Hatchette Associate Commissioner Consumer Education & Advocacy September 2011



Similar documents
How To Decide A Case In The Uk

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Introduction (916) (800)

CHAPTER 7 UNIFORM COUNTY BOARD OF EQUALIZATION PRACTICE AND PROCEDURE RULES

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

GLOSSARY OF SELECTED LEGAL TERMS

County Court Restraining Orders

Kansas Division of Workers Compensation Fraud and Abuse Unit Annual Report FY2004 Paula S. Greathouse, Director

WHISTLEBLOWER LAW. Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government.

Top Ten Organizational Commitments Needed to Make IGO Whistleblower Protection Policies Effective 1

Maricopa County Attorney s Office Adult Criminal Case Process

How to File a Protest of an Auto Insurance Cancellation or Surcharge

JUROR S MANUAL (Prepared by the State Bar of Michigan)

PUBLISHED AS A PUBLIC SERVICE BY THE OFFICE OF DISCIPLINARY COUNSEL

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL

Boulder Municipal Court Boulder County Justice Center P.O. Box th Street Boulder, CO

Criminal Justice System Commonly Used Terms & Definitions

COURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER UNINSURED EMPLOYERS FUND

2013 IAR PROFESSIONAL STANDARDS WORKSHOP HEARING PANEL CHAIRS

CRIMINAL LAW AND VICTIMS RIGHTS

If you can t get a lawyer for your criminal trial:

City of Miami. City Hall 3500 Pan American Drive Miami, FL www. miamigov. corn. INeuhr _611di[G. J>Jf ^ ^^1 ^ 'l^^l^ Meeting Minutes

Subchapter Criminal Procedure in District Court

Immediately request a postponement if you or your witnesses are not available to attend the scheduled hearing.

A New Headache For Employers: Whistleblower Claims Under the Affordable Care Act

Criminal Justice System Glossary of Terms

(A) There are other available remedies that the complainant can reasonably be expected to pursue;

Title 31 MARYLAND INSURANCE ADMINISTRATION

Law Enforcement Officers Bill of Rights. Sections , F.S Law enforcement officers' and correctional officers' rights.

ORDER. ( the Commissioner ) against Joseph B. Jehoich ( Jehoich ) pursuant to Maryland Code

STATEWIDE GRIEVANCE COMMITTEE DECISION

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS

Department of Legislative Services Maryland General Assembly 2015 Session

A Federal Criminal Case Timeline

General District Courts

Chapter 4. Case Disposition

Office of Personnel Management. Policy Policy Number: Definitions. Communicate: To give a verbal or written report to an appropriate authority.

S. ll. To provide anti-retaliation protections for antitrust whistleblowers. IN THE SENATE OF THE UNITED STATES

State of Maryland OFFICE OF THE ATTORNEY ANNUAL REPORT OF THE PEOPLE'S INSURANCE COUNSEL DIVISION. Fiscal Year 2013

How To Defend Yourself In A Tax Court

GUIDANCE REGARDING EEO PROCEDURES (1/25/2000)

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC Chapter 5.5. False Claims and Whistleblower Protection

TOWAMENCIN TOWNSHIP GUIDELINES FOR APPLICANTS APPEARING BEFORE THE TOWAMENCIN TOWNSHIP ZONING HEARING BOARD

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM

TAXI and TLC-Licensee CASES

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

NEW YORK CITY FALSE CLAIMS ACT Administrative Code through *

Dealing With Pro-Se and Non-Attorney Litigants In New York Administrative Hearings. James F. Horan Administrative Law Judge

Fiscal Year 2014 Report to the Maryland General Assembly on Absence of Good Faith Cases Filed under of the Maryland Insurance Article MSAR #

The Non-Lawyers Guide to Hearings before the State Engineer

OPENING INSTRUCTIONS

How To Be Tried In A Court In Canada

Whistleblower Protection in New York State. Leslie Perrin, Senior Counsel CSEA Legal Department

INTRODUCTION DO YOU NEED A LAWYER?

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA PROTOCOL FOR THE USE OF INTERACTIVE VIDEO CONFERENCING CIVIL

: SCHOOL ETHICS COMMISSION

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE

Understanding the Civil Involuntary Commitment Process

If/ehJ~ TO PENNSYLVANIA'S COURTS

FACT SHEET Contact: Office of Legislative and Public Affairs (703) Fax: (703) Feb.

CRIMINAL INJURIES COMPENSATION COMMISSION - GUAM OPERATIONAL RULES AND REGULATIONS

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STATE OF CONNECTICUT

Whistleblower Litigation. Debra S. Katz David J. Marshall Katz, Marshall & Banks, LLP Washington, D.C.

False or Exaggerated Bond Claims: What Can A Surety To Do Combat This Increasingly Prevalent Practice?

POLICE PROFESSIONAL LIABILITY

IRS Administrative Appeals Process Procedures

Advocacy 101. Presenting Your Medicaid Case before the Florida Office of Appeal Hearings or the Florida Division of Administrative Hearings

APPEARANCE, PLEA AND WAIVER

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS. In the Matter of ) ) K L. V ) OAH No PER ) Div. R&B No

Opening Statements Handout 1

Chapter 4. Case Disposition

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

Mock Trial Explanatory Guide

32. Legal relationships to child

Substitute Senate Bill No Public Act No AN ACT CONCERNING EMPLOYEE ONLINE PRIVACY.

Advocating for Youth: Responding to a Potential Revocation of a Grant of Conditional Liberty

[Cite as Columbus Bar Assn. v. Ross, 107 Ohio St.3d 354, 2006-Ohio-5.]

KENT COUNTY HEALTH DEPARTMENT PROCEDURES FOR ADMINISTRATIVE APPEAL HEARING

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at:

WEBB COUNTY APPLICATION/AFFIDAVIT Criminal Felony, Misdemeanor or Juvenile Courts Attorney Appointment Rotation List

Community Legal Information Association of Prince Edward Island, Inc.

Minnesota False Claims Act

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

Accountability Report Card Summary 2015 Kentucky

Nonprofit Directors & Officers Liability Insurance

Accused: A person or persons formally charged but not yet put on trial for committing a crime.

IN THE MATTER OF THE ARBITRATION REPORT AND DECISION OF ARBITRATOR

HAWAII DISABILITY RIGHTS CENTER. Hawaii s Protection and Advocacy System for People with Disabilities Hawaii s Client Assistance Program

MINNESOTA FALSE CLAIMS ACT

2015 VT 104. No On Appeal from v. Superior Court, Caledonia Unit, Criminal Division. Kelly M. Taylor April Term, 2015

CHARGED with a CRIME What YOU

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

SMALL CLAIMS COURT IN ARKANSAS

DEPARTMENT OF PUBLIC INSTRUCTION 1

Transcription:

Complaint Hearings at the Maryland dinsurance Administration i i Joy Hatchette Associate Commissioner Consumer Education & Advocacy September 2011 1

Who Has The Right To A Hearing

Section 2-210(a)(2) of the Insurance Article provides: (2) The Commissioner shall hold a hearing: (i) if required by any provision i of this article; or (ii) on written demand by a person aggrieved by any act of, threatened act of, or failure to act by the Commissioner or by any report, regulation, or order of the Commissioner, except an order to hold a hearing or an order resulting from a hearing. 3

Demand for Hearing Must: Be in writing State the grounds for relief Be received by the Commissioner within 30 days of the act by the Commissioner i 4

Complaint Hearings If the determination letter finds that either the carrier violated or did not violate the law, the aggrieved person is given the right to request a hearing within 30 days of the determination letter. 5

If a timely request for a hearing is received, the investigator will send a letter to the party requesting the hearing indicating that the hearing request has been granted. 6

All documents that are a part of the complaint file are prepared for the hearing. 7

Administrative Hearings

What is an Administrative Hearing? A fair, impartial and independent opportunity to be heard on the issues in question. The Hearing Officer determines facts, based on the evidence and argument presented at the hearing. The Hearing Officer issues a decision on the issues presented. 9

Assignment of Cases

Assignment of Hearings Insurance Commissioner may assign case to: Office of Administrative Hearings (OAH) MIA Hearing Officer Cases sent to OAH may be sent for preliminary i determination i or for final. Both parties will receive notice of the place, time and date of the hearing. 11

The Hearing Process

Hearing Procedure The hearing may be held by telephone or video conference. Individual witnesses may appear via telephone. Hearings are recorded by a court reporter. All witnesses are sworn in before testifying. Interpreter t will be provided d if necessary. 13

Party with the burden of proof goes first. Typically y complaining party has the burden of proof. Company has the burden of proof in cancellation and nonrenewal cases. Section 27-501(g). 14

Progress of a Hearing Opening statement Moving gparty s witnesses Direct Cross examination Redirect Responding party s witnesses Direct Cross examination Redirect Closing statement 15

Representation by Counsel An individual or company is not required to have an attorney. If you choose to be represented, the representative must be an attorney. Documents and other evidence Not limited to information in investigative file. 16

Burden of fproof Preponderance of the evidence i.e. more convincing evidence. Probable truth or accuracy. Not measure by amount of evidence; e.g. one knowledgeable witness may provide a preponderance of evidence over many witnesses with hazy memories. Lesser standard than "beyond a reasonable doubt" required in criminal cases. 17

Statutes and Regulations Insurance Article Sections 2-201 through 2-215 COMAR 31.02.01 Hearings before OAH - Rules of Procedure at COMAR 28.02.01 18

The Numbers

Hearings Requested Property &Casualty Auto Protest FY 2009 115 (5356 Complaints Received) FY 2010 112 (5328 Complaints Received) FY 2011 114 (5005 Complaints Received) P&C General FY 2009 131 (1992 Complaints Received) FY 2010 123 (2183 Complaints Received) FY 2011 201 (2816 Complaints Received) 20

Life & Health FY 2009 48 (4091 Complaints Received) FY 2010 65 (3995 Complaints Received) FY 2011 48 (3875 Complaints Received) Appeals & Grievances FY 2009 28 (912 Complaints Received) FY 2010 20 (816 Complaints Received) FY 2011 18 (763 Complaints Received) 21