31A-19a-206 - Disapproval of rates.
31A-19a-206. Disapproval of rates.
(1) (a) Except for a conflict with the requirements of Section 31A-19a-201 or31A-19a-202, the commissioner may disapprove a rate at any time that the rate directly conflictswith:
(i) this title; or
(ii) any rule made under this title.
(b) The disapproval under Subsection (1)(a) shall:
(i) be in writing;
(ii) specify the statute or rule with which the filing conflicts; and
(iii) state when the rule is no longer effective.
(c) (i) If an insurer's or rate service organization's rate filing is disapproved underSubsection (1)(a), the insurer or rate service organization may request a hearing on thedisapproval within 30 calendar days of the date on which the order described in Subsection (1)(a)is issued.
(ii) If a hearing is requested under Subsection (1)(c)(i), the commissioner shall schedulethe hearing within 30 calendar days of the date on which the commissioner receives the requestfor a hearing.
(iii) After the hearing, the commissioner shall issue an order:
(A) approving the rate filing; or
(B) disapproving the rate filing.
(2) (a) If within 90 calendar days of the date on which a rate filing is filed thecommissioner finds that the rate filing does not meet the requirements of Section 31A-19a-201 or31A-19a-202, the commissioner shall send a written order disapproving the rate filing to theinsurer or rate organization that made the filing.
(b) The order described in Subsection (2)(a) shall specify how the rate filing fails to meetthe requirements of Section 31A-19a-201 or 31A-19a-202.
(c) (i) If an insurer's or rate service organization's rate filing is disapproved underSubsection (2)(a), the insurer or rate service organization may request a hearing on thedisapproval within 30 calendar days of the date on which the order described in Subsection (2)(a)is issued.
(ii) If a hearing is requested under Subsection (2)(c)(i), the commissioner shall schedulethe hearing within 30 calendar days of the date on which the commissioner receives the requestfor a hearing.
(iii) After the hearing, the commissioner shall issue an order:
(A) approving the rate filing; or
(B) (I) disapproving the rate filing; and
(II) stating when, within a reasonable time from the date on which the order is issued, therate is no longer effective.
(d) In a hearing held under this Subsection (2), the insurer or rate service organizationbears the burden of proving compliance with the requirements of Section 31A-19a-201 or31A-19a-202.
(3) (a) If the order described in Subsection (2)(a) is issued after the implementation ofthe rate filing, the commissioner may order that use of the rate filing be discontinued for anypolicy issued or renewed on or after a date not less than 30 calendar days from the date the orderwas issued.
(b) If an insurer or rate service organization requests a hearing under Subsection (2), theorder to discontinue use of the rate filing is stayed:
(i) beginning on the date the insurer or rate service organization requests a hearing; and
(ii) ending on the date the commissioner issues an order after the hearing that addressesthe stay.
(4) If the order described in Subsection (2)(a) is issued before the implementation of therate filing:
(a) an insurer or rate service organization may not implement the rate filing; and
(b) the rates of the insurer or rate service organization at the time of disapproval continueto be in effect.
(5) (a) If after a hearing the commissioner finds that a rate that has been previously filedand has been in effect for more than 90 calendar days no longer meets the requirements ofSection 31A-19a-201 or 31A-19a-202, the commissioner may order that use of the rate by anyinsurer or rate service organization be discontinued.
(b) The commissioner shall give any insurer that will be affected by an order that may beissued under Subsection (5)(a) notice of the hearing at least 10 business days prior to the hearing.
(c) The order issued under Subsection (5)(a) shall:
(i) be in writing;
(ii) state the grounds for the order; and
(iii) state when, within a reasonable time from the date on which the order is issued, therate is no longer effective.
(d) The order issued under Subsection (5)(a) shall not affect any contract or policy madeor issued prior to the expiration of the period set forth in the order.
(e) The order issued under Subsection (5)(a) may include a provision for a premiumadjustment for contracts or policies made or issued after the effective date of the order.
(6) (a) When an insurer has no legally effective rates as a result of the commissioner'sdisapproval of rates or other act, the commissioner shall, on the insurer's request, specify interimrates for the insurer.
(b) An interim rate described in Subsection (6)(a):
(i) shall be high enough to protect the interests of all parties; and
(ii) may, when necessary to protect the policyholders, order that a specified portion of thepremiums be placed in an escrow account approved by the commissioner.
(c) When the new rates become effective, the commissioner shall order the escrowedfunds or any overcharge in the interim rates to be distributed appropriately, except that minimalrefunds to policyholders need not be distributed.
Renumbered and Amended by Chapter 130, 1999 General Session