(1) Any applicant to the association, any person insured pursuant to this subtitle, or their representatives, or any affected insurer, may appeal to the commissioner within thirty (30) days after any rule, action, or decision by or on behalf of the association, with respect to those items the plan of operation defines as appealable matters. Upon appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(2) All final orders of the commissioner made pursuant to this subtitle are subject to appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B.

Terms Used In Kentucky Statutes 304.41-100

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Association: means the Joint Underwriting Association established pursuant to the provisions of this subtitle. See Kentucky Statutes 304.41-020
  • Commissioner: means the commissioner of the Department of Insurance. See Kentucky Statutes 304.41-020

Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1555, effective July 15, 2010. — Amended 1996 Ky. Acts ch. 318, sec. 247, effective July 15, 1996. — Created 1978
Ky. Acts ch. 365, sec. 10, effective June 17, 1978.

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