N.J. Admin. Code § 11:2-1.7 - Review procedures; appeals
(a) Upon receipt
of a final application, the Commissioner shall conduct a thorough background
investigation and review which shall include the information contained in
11:2-1.4, 1.5 and 1.6, inquiries
regarding claims settlement practices and any other information which, in the
opinion of the Commissioner, may be necessary to make an appropriate decision
regarding the application.
(b) The
applicant shall ensure that all filings submitted to the Department are
current. Any amendment, changes or replacements to documents on file shall be
timely updated.
(c) Applications
accepted after November 15 of each year shall not be reviewed until the next
annual statement becomes available and is received for review. The review of
such applications shall begin after receipt by the Department of the latest
annual statement and after the latest financial information of the applicant is
available in electronic format from the NAIC database.
(d) Before a decision on an application is
made, the Department may request from an applicant, in writing, any additional
information it may require. Failure by an applicant to respond to written
inquiries by the Department within 45 days shall result in an application being
deemed withdrawn.
(e) Application
reviews shall be conducted by the Department on a monthly basis. The
Department's Committee on Admissions shall make a recommendation to the
Commissioner concerning each application which has been reviewed. The
Commissioner shall consider the recommendation and make his or her decision on
the application within 10 working days from receipt of the recommendation.
Written notice of the decision shall be mailed to the applicant by certified
mail within 10 working days of the date of the Commissioner's
decision.
(f) When the Commissioner
rejects an application, the notice of rejection shall include a statement
specifying the reasons for the rejection. Such notice shall inform the
applicant of the right:
1. To request an
informal Departmental review of the rejection within 20 days of receipt of the
notice of rejection; and
2. To
provide the Department with a written statement, including supporting
documentation, if any, disputing with specificity the reasons for rejection
within 30 days of the receipt of the notice of rejection.
(g) Upon timely receipt of the request for
Departmental review and the written statement of the applicant, if any, the
Department shall promptly review the application, attached documents,
Department records and the written statement. In appropriate circumstances, the
Commissioner may provide the applicant with an opportunity to present its
position in person. If, after reviewing the record, the Commissioner determines
that the applicant has failed to qualify, the Commissioner shall promptly so
inform the applicant.
(h) Where an
application has been rejected, the applicant shall not be eligible to reapply
until there is one full year or more of acceptable experience.
Notes
See: 35 N.J.R. 66(a), 35 N.J.R. 2182(a).
Rewrote (c); in (d), substituted "shall result in an application being deemed withdrawn" for "may be considered grounds for rejection of the application".
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