§ 27-9-27 - Appeals from action of rating organization on changes in filings.
SECTION 27-9-27
§ 27-9-27 Appeals from action of ratingorganization on changes in filings. – (a) Any member of or subscriber to a rating organization may appeal to thecommissioner from the action or decision of the rating organization in thepromulgation of rates or with regard to any proposed change in or addition tothe filings of the rating organization, and the commissioner shall after ahearing held upon not less than ten (10) days written notice to the appellantand to the rating organization issue an order approving or disapproving theaction or decision of the rating organization. Provided, that if the appeal isfrom the action of the rating organization with regard to a rate on a proposedchange in or addition to its filings, the commissioner shall approve the rateapplied by the rating organization or the rate suggested by the appellant ifeither rate is in accordance with this chapter.
(b) If the appeal is based upon the failure of the ratingorganization to make a filing on behalf of any member or subscriber which isbased on a system of expense provisions which differs in accordance with theright granted in § 27-9-4(a)(2) from the system of expense provisionsincluded in a filing made by the rating organization, the commissioner shall,if he or she grants the appeal, order the rating organization to make therequested filing for use by the appellant. In deciding the appeal, thecommissioner shall apply the standards set forth in §§ 27-9-4 –27-9-6.