Colorado § 10-4-407 Hearings

Colorado Statutes

§ 10-4-407 — Hearings

Colorado·Title 10 Insurance·Art. Property and Casualty Insurance

(1)If, pursuant to section 10-4-406 (2), the commissioner determines to hold a public hearing as to a filing or holds such a public hearing pursuant to request therefor under section 10-4-406 (3), he shall give written notice thereof to the rating organization or insurer that made the filing, shall hold such hearing within thirty days after commencement of the public inspection period provided for in section 10-4-406 (3), and, not less than ten days prior to the date of the hearing, he shall give written notice of the hearing to the insurer or rating organization that made the filing. The commissioner may also give advance public notice of such hearing by publication of notice in one or more daily newspapers of general circulation in this state.

(2)If the commissioner's order d

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(1) If, pursuant to section 10-4-406 (2), the
commissioner determines to hold a public hearing as to a filing or holds such a
public hearing pursuant to request therefor under section 10-4-406 (3), he shall
give written notice thereof to the rating organization or insurer that made the filing,
shall hold such hearing within thirty days after commencement of the public
inspection period provided for in section 10-4-406 (3), and, not less than ten days
prior to the date of the hearing, he shall give written notice of the hearing to the
insurer or rating organization that made the filing. The commissioner may also give
advance public notice of such hearing by publication of notice in one or more daily
newspapers of general circulation in this state.

(2) If the commissioner's order disapproves the filing, the rate change shall
not be placed into effect. If the commissioner's order approves the filing or any
portion thereof, the approved rate filing shall become effective upon such
subsequent date as may be satisfactory to the insurer or rating organization that
made the filing; except that rates for workers' compensation insurance shall
become effective on January 1 unless the commissioner, upon application, makes a
finding upon good cause shown that a later date is necessary or appropriate for the
implementation of such filing.

(3) Any person aggrieved by the approval by the commissioner of a rate
filing may make written application to the commissioner for a hearing thereon, and
such application shall specify the grounds to be relied upon by the applicant. If the
commissioner finds that the application is made in good faith, that the applicant
would be so aggrieved if his grounds are established, and that such grounds
otherwise justify holding such a hearing, he shall hold a hearing as provided in
sections 24-4-102 to 24-4-107, C.R.S.

(4) Any insurer or rating organization aggrieved by an order or decision of the
commissioner made without a hearing may, within thirty days after notice of the
order or decision to the insurer or rating organization, make written application to
the commissioner for a hearing thereon. The commissioner shall hold a hearing as
provided in sections 24-4-102 to 24-4-107, C.R.S. Within fifteen days after such
hearing, the commissioner shall affirm, reverse, or modify his previous action,
specifying his reasons therefor. Pending such hearing and decision thereon, the
commissioner may suspend or postpone the effective date of his previous action.

(5) Hearings held under this part 4 shall be held by the commissioner or his
designee. Any final action of the commissioner pursuant to this part 4 shall be
subject to judicial review by the court of appeals pursuant to section 24-4-106 (11),
C.R.S.

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Legislative History

Source: L. 79: Entire part R&RE, p. 368, � 8, effective July 1. L. 85: (2) amended, p. 382, � 3, effective April 17. L. 86: (5) added, p. 580, � 4, effective July 1. L. 91: (2) amended, p. 1199, � 5, effective April 11. L. 92: (5) amended, p. 1557, � 57, effective May 20. L. 2004: (2) amended, p. 396, � 3, effective August 4.