Standards and criteria applicable in a contested case brought by a third party and certain actions by the Commissioner.
A contested case brought by a third party based on a decision of the Commissioner pursuant to this subchapter shall be governed by applicable civil law; provided, that, the aggrieved party shall: Prove the appeal through clear and convincing evidence; Demonstrate irreparable harm; Not have another adequate remedy at law; and Post a bond of sufficient surety to protect the interests of the holders of the SPFC securities and policyholders in an amount not less than 15% of the total amount of the securitized transaction. If the Commissioner decides to reverse, amend, or modify a certificate of authority issued to an SPFC or the order issued in connection with them for a reason other than that specified in § 31-3931.15, the Commissioner shall meet the standards and criteria provided in subsection (a) of this section.
Annotations
Mar. 17, 2005, D.C. Law 15-262, § 214 as added Mar. 14, 2007, D.C. Law 16-285, § 2(b), 54 DCR 944
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.