31.02.01.04

.04 Request for a Hearing — Proposed Examination Reports.

A. Scope. This regulation applies to a request for a hearing on a proposed examination report.

B. Proposed Examination Report.

(1) At least 30 days before filing a proposed examination report, the Commissioner shall mail a copy of the proposed examination report to the person that was examined.

(2) If the Commissioner intends to impose a fine or other penalty or require restitution or other remedy as a result of the findings of the proposed examination report, the Commissioner may include with the proposed examination report:

(a) The amount of the fine;

(b) The amount or nature of the restitution; and

(c) The nature of any other penalty or remedy.

C. Request for Hearing. The person being examined may request a hearing on a proposed examination report by submitting a written request to the Commissioner within 30 days after the proposed examination report is received by the person.

D. Contents of Hearing Request. The hearing request shall include exceptions to the proposed examination report that:

(1) Specifically identify:

(a) The factual assertions in the proposed examination report that the person is challenging; and

(b) Any errors of law that the person contends are contained in the proposed examination report;

(2) State the nature of the relief that the person is demanding; and

(3) State the grounds for relief that the person is demanding.

E. Procedure Following Hearing Request. If the Commissioner receives a request for a hearing on a proposed examination report within the 30-day period, the Commissioner:

(1) Shall grant a hearing on the exceptions to the proposed examination report; and

(2) May not file the proposed examination report until after:

(a) The hearing is held; and

(b) The Commissioner makes any modifications to the proposed examination report that the Commissioner considers proper.