§ 27-9-19 - Hearings on application by persons aggrieved by filing – Order terminating filing – Removal of discrimination.
SECTION 27-9-19
§ 27-9-19 Hearings on application bypersons aggrieved by filing – Order terminating filing – Removal ofdiscrimination. – (a) Any person or organization aggrieved with respect to any rate or filingwhich is in effect may make a written application to the commissioner for ahearing; provided, that the insurer or rating organization that uses the rateor made the filing shall not be authorized to proceed under this section. Theapplication shall specify the grounds to be relied upon by the applicant. Ifthe commissioner shall find that the application is made in good faith, thatthe applicant would be aggrieved if his or her grounds are established, andthat his or her grounds justify holding a hearing, the commissioner shall,within thirty (30) days after receipt of the application, hold a hearing uponnot less than ten (10) days written notice to the applicant and to everyinsurer and rating organization which uses the rate or made the filing;provided, if a public hearing had been held concerning the rate or filingbefore it became effective, no hearing shall be held pursuant to this sectionunless the commissioner shall find that there has been a substantial change ofcircumstances since that hearing.
(b) If, after the hearing, the commissioner finds that therate or filing does not meet the requirements of this chapter, the commissionershall issue an order specifying in what respects he or she finds that the rateor filing fails to meet the requirements of this chapter, and stating when,within a reasonable period after this, the rate shall no longer be used or thefiling shall be deemed no longer effective. That order shall not affect anycontract or policy made or issued prior to the expiration of the period setforth in the order. If the commissioner finds that an unfair discriminationexists in the application of a rate or filing to an individual risk thecommissioner may, after a hearing held on similar notice to the insureraffected and to any rating organization which made the filing, issue an orderthat the discrimination be removed. Copies of any order issued pursuant to thissection shall be sent to every affected insurer and rating organization.