§ 515A.5 — Disapproval of filings

Iowa § 515A.5

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 515A: WORKERS’ COMPENSATION LIABILITY INSURANCE RATES

Text

1. If within the waiting period or any extension thereof as provided in section 515A.4,
subsection 4, the commissioner finds that a filing does not meet the requirements of this
chapter, the commissioner shall send to the insurer or rating organization which made such
filing, written notice in a printed or electronic format of disapproval of such filing specifying
therein in what respects the commissioner finds such filing fails to meet the requirements of
this chapter and stating that such filing shall not become effective.
2. Atanytimesubsequenttotheapplicablereviewperiodprovidedforinsubsection1, the
commissioner may hold a hearing to determine whether a filing meets the requirements of
this chapter. The commissioner shall provide notice of a hearing not less than ten days prior
to the hearing to every insurer and rating organization which made the filing, specifying the
matters to be considered at the hearing. If the commissioner finds that a filing does not meet
the requirements of this chapter, the commissioner shall issue an order specifying in what
respects the commissioner finds that the filing fails to meet the requirements of this chapter,
and stating when, within a reasonable period thereafter, the filing shall be deemed no longer
effective. Copies of the order shall be sent to every insurer and rating organization which
made the filing. The order shall not affect any contract or policy made or issued prior to the
expiration of the period set forth in the order.
3. a. Any person or organization aggrieved with respect to any filing which is in effect
may make written application to the commissioner for a hearing thereon, provided, however,
that the insurer or rating organization that made or uses the filing shall not be authorized to
proceed under this subsection. Such application shall specify the grounds to be relied upon
bytheapplicantandsuchapplicationmustshowthatthepersonororganizationmakingsuch
application has a specific economic interest affected by the filing. If the commissioner finds
that the application is made in good faith, that the applicant has a specific economic interest,
that the applicant would be so aggrieved if the applicant’s grounds are established, and that
such grounds otherwise justify holding such a hearing, the commissioner shall within thirty
days after receipt of such application hold a hearing, upon not less than ten days’ written
notice to the applicant and to every insurer and rating organization which made the filing. No
rating or advisory organization shall have any status under this chapter to make application
for a hearing on any filing made by an insurer with the commissioner.
b. If, after such hearing, the commissioner finds that the filing does not meet the
requirements of this chapter, the commissioner shall issue an order specifying in what
respects the commissioner finds that such filing fails to meet the requirements of this
chapter, and stating when, within a reasonable period thereafter, such filing shall be deemed
no longer effective. Copies of the order shall be sent to the applicant and to every such
insurer and rating organization. The order shall not affect any contract or policy made or
issued prior to the expiration of the period set forth in the order.
§515A.5, WORKERS’ COMPENSATION LIABILITY INSURANCE RATES 4
4. No filing shall be disapproved if the rates thereby produced meet the requirements of
this chapter.

Legislative History

[C50, 54, 58, 62, §515A.5, 515B.5; C66, 71, 73, 75, 77, 79, 81, §515A.5]