§ 27-1-22-11 — Appeal to commissioner from act or decision of rating organization; decision and order

(a) Any subscriber which has authorized a
rating organization to making filings on its behalf and any member
thereof which does not wish to act under sections 4(h) and 4(i) of this
chapter may appeal to the commissioner from the action or decision of
such rating organization in approving or rejecting any proposed change
in or addition to the filings of such rating organization and the
commissioner shall, after a hearing held upon not less than ten (10)
days written notice to the appellant and to such rating organization,
issue an order approving the action or decision of such rating
organization or directing it to give further consideration to such
proposal, or, if such appeal is from the action or decision of the rating
organization in rejecting a proposed addition to its filings, the
commissioner may, in the event the commissioner finds that such
action or decision was unreasonable, issue an order directing the rating
organization to make an addition to its filings in a manner consistent
with the commissioner's findings within a reasonable time after the
issuance of such order.
(b) If such appeal is based upon the failure of the rating organization
to make a filing on behalf of such member or subscriber which is based
on a system of expense provisions which differs, in accordance with the
right granted in section 3(a)(3) of this chapter from the system of
expense provisions included in a filing made by the rating organization,
the commissioner shall, if the commissioner grants the appeal, order
the rating organization to make the requested filing for use by the
appellant. In deciding such appeal the commissioner shall apply the
standards set forth in section 3 of this chapter.
Formerly: Acts 1967, c.133, s.11. As amended by P.L.252-1985,
SEC.114; P.L.268-1999, SEC.13; P.L.81-2012, SEC.11.