{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5505.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5505.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5505.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5505.html"}],"law_id":85425,"edition_id":1,"section_id":85425,"structure_id":14894,"section_number":"38.2-5505","catch_line":"Authorized Control Level Event","history":"1995, c. 789; 2000, c. 47.","full_text":"A\n\n“Authorized Control Level Event” means any of the following events:1\n\nThe filing of an RBC Report by the licensee which indicates that the licensee’s Total Adjusted Capital is greater than or equal to its Mandatory Control Level RBC but less than its Authorized Control Level RBC;2\n\nThe notification by the Commission to the licensee of an Adjusted RBC Report that indicates the event in subdivision A 1, provided the licensee does not challenge the Adjusted RBC Report under § 38.2-5507;3\n\nIf, pursuant to § 38.2-5507, the licensee challenges an Adjusted RBC Report that indicates the event in subdivision A 1, the notification by the Commission to the licensee that the Commission has, after a hearing, rejected the licensee’s challenge;4\n\nThe failure of the licensee to respond, in a manner satisfactory to the Commission, to a corrective order, provided the licensee has not challenged the corrective order under § 38.2-5507; or5\n\nIf the licensee has challenged a corrective order under § 38.2-5507 and the Commission has, after a hearing, rejected the challenge or modified the corrective order, the failure of the licensee to respond, in a manner satisfactory to the Commission, to the corrective order subsequent to rejection or modification by the Commission.B\n\nIn the event of an Authorized Control Level Event with respect to a licensee, the Commission shall:1\n\nTake such actions as are required under § 38.2-5504 regarding a licensee with respect to which a Regulatory Action Level Event has occurred; or2\n\nIf the Commission deems it to be in the best interests of the policyholders and creditors of the licensee and of the public, take such actions as are necessary to cause the licensee to be placed under regulatory control under the provisions of Chapter 15 (§ 38.2-1500 et seq.). In the event the Commission takes such actions, the Authorized Control Level Event shall be deemed an indication of a hazardous financial condition which serves as sufficient grounds for the Commission to commence delinquency proceedings, and the receiver appointed in conjunction with such proceedings shall have the rights, powers and duties with respect to the licensee as are set forth in Chapter 15 or any order of liquidation, rehabilitation or conservation entered pursuant thereto. In the event the Commission takes actions under this subdivision pursuant to an Adjusted RBC Report, the licensee shall be entitled to such protections as are afforded to licensees under the appropriate provisions of this title pertaining to summary proceedings.","order_by":null,"text":{"0":{"id":306020,"text":"“Authorized Control Level Event” means any of the following events:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":306021,"text":"The filing of an RBC Report by the licensee which indicates that the licensee’s Total Adjusted Capital is greater than or equal to its Mandatory Control Level RBC but less than its Authorized Control Level RBC;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":306022,"text":"The notification by the Commission to the licensee of an Adjusted RBC Report that indicates the event in subdivision A 1, provided the licensee does not challenge the Adjusted RBC Report under § 38.2-5507;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":306023,"text":"If, pursuant to § 38.2-5507, the licensee challenges an Adjusted RBC Report that indicates the event in subdivision A 1, the notification by the Commission to the licensee that the Commission has, after a hearing, rejected the licensee’s challenge;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":306024,"text":"The failure of the licensee to respond, in a manner satisfactory to the Commission, to a corrective order, provided the licensee has not challenged the corrective order under § 38.2-5507; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":306025,"text":"If the licensee has challenged a corrective order under § 38.2-5507 and the Commission has, after a hearing, rejected the challenge or modified the corrective order, the failure of the licensee to respond, in a manner satisfactory to the Commission, to the corrective order subsequent to rejection or modification by the Commission.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":306026,"text":"In the event of an Authorized Control Level Event with respect to a licensee, the Commission shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":306027,"text":"Take such actions as are required under § 38.2-5504 regarding a licensee with respect to which a Regulatory Action Level Event has occurred; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":306028,"text":"If the Commission deems it to be in the best interests of the policyholders and creditors of the licensee and of the public, take such actions as are necessary to cause the licensee to be placed under regulatory control under the provisions of Chapter 15 (§ 38.2-1500 et seq.). In the event the Commission takes such actions, the Authorized Control Level Event shall be deemed an indication of a hazardous financial condition which serves as sufficient grounds for the Commission to commence delinquency proceedings, and the receiver appointed in conjunction with such proceedings shall have the rights, powers and duties with respect to the licensee as are set forth in Chapter 15 or any order of liquidation, rehabilitation or conservation entered pursuant thereto. In the event the Commission takes actions under this subdivision pursuant to an Adjusted RBC Report, the licensee shall be entitled to such protections as are afforded to licensees under the appropriate provisions of this title pertaining to summary proceedings.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":14894,"edition_id":1,"name":"Risk-Based Capital Act","identifier":"55","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:50:37","date_modified":"2026-06-26 03:50:37","permalink":{"id":217847,"object_type":"structure","relational_id":14894,"identifier":"55","token":"38.2\/55","url":"\/38.2\/55\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68244,"structure_id":14894,"section_number":"38.2-5500","catch_line":"Applicability","url":"\/38.2-5500\/","token":"38.2\/55\/38.2-5500","metadata":false},{"id":67232,"structure_id":14894,"section_number":"38.2-5501","catch_line":"Definitions","url":"\/38.2-5501\/","token":"38.2\/55\/38.2-5501","metadata":false},{"id":68713,"structure_id":14894,"section_number":"38.2-5502","catch_line":"RBC Reports","url":"\/38.2-5502\/","token":"38.2\/55\/38.2-5502","metadata":false},{"id":72298,"structure_id":14894,"section_number":"38.2-5503","catch_line":"Company Action Level Event","url":"\/38.2-5503\/","token":"38.2\/55\/38.2-5503","metadata":false},{"id":86775,"structure_id":14894,"section_number":"38.2-5504","catch_line":"Regulatory Action Level Event","url":"\/38.2-5504\/","token":"38.2\/55\/38.2-5504","metadata":false},{"id":85425,"structure_id":14894,"section_number":"38.2-5505","catch_line":"Authorized Control Level Event","url":"\/38.2-5505\/","token":"38.2\/55\/38.2-5505","metadata":false},{"id":69962,"structure_id":14894,"section_number":"38.2-5506","catch_line":"Mandatory Control Level Event","url":"\/38.2-5506\/","token":"38.2\/55\/38.2-5506","metadata":false},{"id":81704,"structure_id":14894,"section_number":"38.2-5507","catch_line":"Hearings","url":"\/38.2-5507\/","token":"38.2\/55\/38.2-5507","metadata":false},{"id":61072,"structure_id":14894,"section_number":"38.2-5508","catch_line":"Confidentiality; prohibition on announcements; prohibition on use in ratemaking","url":"\/38.2-5508\/","token":"38.2\/55\/38.2-5508","metadata":false},{"id":67266,"structure_id":14894,"section_number":"38.2-5509","catch_line":"Supplemental provisions; rules; exemption","url":"\/38.2-5509\/","token":"38.2\/55\/38.2-5509","metadata":false},{"id":80850,"structure_id":14894,"section_number":"38.2-5510","catch_line":"Foreign licensees","url":"\/38.2-5510\/","token":"38.2\/55\/38.2-5510","metadata":false},{"id":61601,"structure_id":14894,"section_number":"38.2-5511","catch_line":"Immunity","url":"\/38.2-5511\/","token":"38.2\/55\/38.2-5511","metadata":false},{"id":56865,"structure_id":14894,"section_number":"38.2-5512","catch_line":"Repealed","url":"\/38.2-5512\/","token":"38.2\/55\/38.2-5512","metadata":false},{"id":83503,"structure_id":14894,"section_number":"38.2-5513","catch_line":"Notices","url":"\/38.2-5513\/","token":"38.2\/55\/38.2-5513","metadata":false},{"id":69834,"structure_id":14894,"section_number":"38.2-5514","catch_line":"Phase-in provision","url":"\/38.2-5514\/","token":"38.2\/55\/38.2-5514","metadata":false},{"id":67792,"structure_id":14894,"section_number":"38.2-5515","catch_line":"Expired","url":"\/38.2-5515\/","token":"38.2\/55\/38.2-5515","metadata":false}],"previous_section":{"id":86775,"structure_id":14894,"section_number":"38.2-5504","catch_line":"Regulatory Action Level Event","url":"\/38.2-5504\/","token":"38.2\/55\/38.2-5504","metadata":false},"next_section":{"id":69962,"structure_id":14894,"section_number":"38.2-5506","catch_line":"Mandatory Control Level Event","url":"\/38.2-5506\/","token":"38.2\/55\/38.2-5506","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5505\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 789<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2000, chapter 47<\/a>.<\/p>","references":[{"id":69834,"section_number":"38.2-5514","catch_line":"Phase-in provision","order_by":null,"url":"\/38.2-5514\/"}],"refers_to":[{"id":66658,"section_number":"38.2-1500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1500\/"},{"id":86775,"section_number":"38.2-5504","catch_line":"Regulatory Action Level Event","order_by":null,"url":"\/38.2-5504\/"},{"id":81704,"section_number":"38.2-5507","catch_line":"Hearings","order_by":null,"url":"\/38.2-5507\/"}],"permalink":{"id":217869,"object_type":"law","relational_id":85425,"identifier":"38.2-5505","token":"38.2\/55\/38.2-5505","url":"\/38.2-5505\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5505\/","token":"38.2\/55\/38.2-5505","dublin_core":{"Title":"Authorized Control Level Event","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5505","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> “Authorized Control Level Event<\/span>” means any of the following events: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The filing of an RBC Report<\/span> by the licensee<\/span> which indicates that the licensee<\/span>’s Total Adjusted Capital<\/span> is greater than or equal to its Mandatory Control Level RBC<\/span> but less than its Authorized Control Level RBC<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The notification by the Commission<\/span> to the licensee<\/span> of an Adjusted RBC Report<\/span> that indicates the event in subdivision A 1, provided the licensee<\/span> does not challenge the Adjusted RBC Report<\/span> under § 38.2-5507<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If, pursuant to § 38.2-5507<\/a>, the licensee<\/span> challenges an Adjusted RBC Report<\/span> that indicates the event in subdivision A 1, the notification by the Commission<\/span> to the licensee<\/span> that the Commission<\/span> has, after a hearing<\/span>, rejected the licensee<\/span>’s challenge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The failure of the licensee<\/span> to respond, in a manner satisfactory to the Commission<\/span>, to a corrective order<\/span>, provided the licensee<\/span> has not challenged the corrective order<\/span> under § 38.2-5507<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the licensee<\/span> has challenged a corrective order<\/span> under § 38.2-5507<\/a> and the Commission<\/span> has, after a hearing<\/span>, rejected the challenge or modified the corrective order<\/span>, the failure of the licensee<\/span> to respond, in a manner satisfactory to the Commission<\/span>, to the corrective order<\/span> subsequent to rejection or modification by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event of an Authorized Control Level Event<\/span> with respect to a licensee<\/span>, the Commission<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Take such actions as are required under § 38.2-5504<\/a> regarding a licensee<\/span> with respect to which a Regulatory Action Level Event has occurred; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the Commission<\/span> deems it to be in the best interests of the policyholders and creditors<\/span> of the licensee<\/span> and of the public, take such actions as are necessary to cause the licensee<\/span> to be placed under regulatory control under the provisions of Chapter 15 (§ 38.2-1500<\/a> et seq.). In the event the Commission<\/span> takes such actions, the Authorized Control Level Event<\/span> shall be deemed an indication of a hazardous financial condition which serves as sufficient grounds for the Commission<\/span> to commence delinquency proceedings<\/span>, and the receiver appointed in conjunction with such proceedings shall have the rights, powers and duties with respect to the licensee<\/span> as are set forth in Chapter 15 or any order of liquidation<\/span>, rehabilitation or conservation entered pursuant thereto. In the event the Commission<\/span> takes actions under this subdivision pursuant to an Adjusted RBC Report<\/span>, the licensee<\/span> shall be entitled to such protections as are afforded to licensees<\/span> under the appropriate provisions of this title pertaining to summary proceedings. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORIZED CONTROL LEVEL EVENT (\u00a7 38.2-5505)\n\nA. “Authorized Control Level Event” means any of the following\nevents:\n\n 1. The filing of an RBC Report by the licensee which indicates that the\n licensee’s Total Adjusted Capital is greater than or equal to its\n Mandatory Control Level RBC but less than its Authorized Control Level RBC;\n\n 2. The notification by the Commission to the licensee of an Adjusted RBC\n Report that indicates the event in subdivision A 1, provided the licensee does\n not challenge the Adjusted RBC Report under § 38.2-5507;\n\n 3. If, pursuant to § 38.2-5507, the licensee challenges an Adjusted RBC\n Report that indicates the event in subdivision A 1, the notification by the\n Commission to the licensee that the Commission has, after a hearing, rejected\n the licensee’s challenge;\n\n 4. The failure of the licensee to respond, in a manner satisfactory to the\n Commission, to a corrective order, provided the licensee has not challenged\n the corrective order under § 38.2-5507; or\n\n 5. If the licensee has challenged a corrective order under § 38.2-5507\n and the Commission has, after a hearing, rejected the challenge or modified\n the corrective order, the failure of the licensee to respond, in a manner\n satisfactory to the Commission, to the corrective order subsequent to\n rejection or modification by the Commission.\n\nB. In the event of an Authorized Control Level Event with respect to a licensee,\nthe Commission shall:\n\n 1. Take such actions as are required under § 38.2-5504 regarding a\n licensee with respect to which a Regulatory Action Level Event has occurred;\n or\n\n 2. If the Commission deems it to be in the best interests of the policyholders\n and creditors of the licensee and of the public, take such actions as are\n necessary to cause the licensee to be placed under regulatory control under\n the provisions of Chapter 15 (§ 38.2-1500 et seq.). In the event the\n Commission takes such actions, the Authorized Control Level Event shall be\n deemed an indication of a hazardous financial condition which serves as\n sufficient grounds for the Commission to commence delinquency proceedings, and\n the receiver appointed in conjunction with such proceedings shall have the\n rights, powers and duties with respect to the licensee as are set forth in\n Chapter 15 or any order of liquidation, rehabilitation or conservation entered\n pursuant thereto. In the event the Commission takes actions under this\n subdivision pursuant to an Adjusted RBC Report, the licensee shall be entitled\n to such protections as are afforded to licensees under the appropriate\n provisions of this title pertaining to summary proceedings.\n\nHISTORY: 1995, c. 789; 2000, c. 47.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}