1. Right to hearing. An insurer has the right to a departmental hearing, on record, at which the insurer may challenge any determination or action by the superintendent upon:
A. Notification to an insurer by the superintendent of an adjusted risk-based capital report;
B. Notification to an insurer by the superintendent that:
(1) The insurer's risk-based capital plan or revised risk-based capital plan is unsatisfactory; and
(2) That notification constitutes a regulatory action level event with respect to the insurer;
C. Notification to any insurer by the superintendent that the insurer has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its risk-based capital plan or revised risk-based capital plan; or
D. Notification to an insurer by the superintendent of a corrective order with respect to the insurer.
The insurer must notify the superintendent of its request for a hearing within 5 days after the notification by the superintendent under paragraph A, B, C or D. Upon receipt of the insurer's request for a hearing, the superintendent shall set a date for the hearing, which may not be less than 10 or more than 30 days after the date of the insurer's request.