1999 Montana Legislature

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HOUSE BILL NO. 47

INTRODUCED BY S. ANDERSON

BY REQUEST OF THE STATE AUDITOR

Montana State Seal

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)
Processed for the Web on April 13, 1999 (9:29AM)

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