West Virginia Code § 33-12C-29

Hearings
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(a) When conducting any hearing authorized by section thirteen, article two of this chapter
which concerns any surplus lines licensee, the commissioner shall give notice of the hearing
and the matters to be determined therein to the surplus lines licensee by certified mail,
return receipt requested, sent to the last address filed by a person or entity pursuant to
section eight of this article. e
(b) If a surplus lines licensee fails to appear at the hearing, the hearing may proceed, at
which time the commissioner shall establish that notice was sent to the person pursuant to
this section prior to the entry of any orders adverse to the intereusts of a surplus lines
licensee based upon the allegations against the person which were set forth in the notice of
hearing. Certified copies of all orders entered by the commistsioner shall be sent to the
person affected therein by certified mail, return receipt requested, at the last address filed
by a person with the commissioner.
(c) A surplus lines licensee who fails to appear at al hearing of which notice has been
provided pursuant to this section, and who hass had an adverse order entered by the
commissioner against them as a result of their failure to so appear may, within thirty
calendar days of the entry of an adverse order, file with the commissioner a written verified
appeal with any relevant documentsg attached thereto, which demonstrates good and
reasonable cause for the person's failure to appear, and may request reconsideration of the
matter and a new hearing. Thee commissioner in his or her discretion, and upon a finding that
the surplus lines licensee has shown good and reasonable cause for his or her failure to
appear, shall issue an orLder that the previous order be rescinded, that the matter be
reconsidered, and that a new hearing be set.
(d) Orders entered pursuant to this section are subject to the judicial review provisions of
section fourteen, article two of this chapter.

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