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HOUSE BILL NO. 47
INTRODUCED BY S. ANDERSON
BY REQUEST OF THE STATE AUDITOR
AN ACT CREATING A STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY THE STATE AUDITOR FOR VIOLATIONS OF THE STATE INSURANCE CODE; AND AMENDING SECTION 33-1-701, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-1-701, MCA, is amended to read:
"33-1-701. Hearings -- discretion -- written demand -- limitations on actions. (1) The commissioner may hold
hearings for any purpose within the scope of this code
deemed by him to be considered necessary.
(2) The commissioner shall hold a hearing if required by any provision or upon written demand
therefor by a person
aggrieved by any act, threatened act, or failure of the commissioner to act or by any report, rule, or order of by the
commissioner, other than an order for the holding of a hearing, or an order on a hearing, or an order pursuant thereto to a
hearing. Any such The person's demand shall must specify the grounds to be relied upon as a basis for the relief to be
demanded sought at the hearing, and unless postponed by mutual consent, such the hearing shall must be held within 30
days after receipt by the commissioner of the demand therefor for a hearing.
(3) If within
such the 30-day period the commissioner does not either grant the hearing or issue his an order refusing to
set the hearing as to such previous report, rule, or order as to which such person so claims to be aggrieved, then the hearing
shall thereby must be deemed considered to have been refused.
(4) Unless otherwise provided by law, the department shall commence an action for a violation of the insurance code within 2 years of the date of the violation or within 2 years after the department discovers the violation or through the use of reasonable diligence should have discovered the violation, whichever occurs last. Regardless of when the department discovers a violation or should have discovered a violation through the use of reasonable diligence, an action may not be commenced by the department unless it is brought within 5 years of the date of the violation."
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Latest Version of HB 47 (HB0047.ENR)
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