§ 27-1-22-5 — Hearing on question of compliance with filing requirements; finding and order

Indiana § 27-1-22-5

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 22: Regulation of Insurance Rates

Text

(a) Upon the commissioner's motion, or upon
written request by any insured affected thereby or by any licensed
insurance producer or broker, if such request is made in good faith and
states reasonable grounds, the commissioner, if the commissioner shall
have reason to believe that any filing is not in compliance with the
applicable provisions of section 3 of this chapter, or in the case of an
alleged violation of section 6 of the chapter if the commissioner finds
on the basis of the information on file with the department that there
has been a prima facie showing of a violation of that section, shall hold
a hearing upon not less than ten (10) days written notice to the rating
organization or insurer which made the filing in issue, specifying the
items and matters to be considered and stating in what manner and to
what extent noncompliance is alleged to exist. No other matter or
subject shall be considered at such hearing. Only the rating
organization or insurer which made such filing and the commissioner
may be parties to any hearing or to any judicial appeal resulting
therefrom. Within a reasonable time, the commissioner shall notify
every person making request as to the decision as to the validity of the
request and subsequently shall notify every such person of any action
which may thereafter be taken with reference to such request.
(b) If, after such hearing, the commissioner finds, based upon a
preponderance of the evidence adduced at such hearing and made a
part of the record thereof, that such filing is not in compliance with the
provisions of section 3 of this chapter, the commissioner shall
immediately issue a written order to the parties specifying in detail in
what respects and upon what evidence such noncompliance exists and
stating when, within a reasonable period thereafter, such filing shall be
deemed no longer effective. Said order shall not affect any contract
policy made or issued prior to the expiration of the period set forth in
said order.
(c) If after such hearing the commissioner finds that such filing does
not violate the provisions of section 3 of this chapter, the commissioner
shall immediately issue a written order to the parties dismissing the
proceedings.
(d) The finding and order of the commissioner shall be made within
ninety (90) days after the close of such hearing or within such
reasonable time extensions as may be fixed by the commissioner.
(e) No manual of classifications, rule, rate, rating schedule, rating
plan, or any modification of any of the foregoing which establishes
standards for measuring variations in hazards or expense provisions, or
both, which has been filed pursuant to section 4 of this chapter shall be
disapproved if the rates produced thereby meet the requirements of
section 3 of this chapter.
(f) All actions of the commissioner under this chapter and all
appeals from the commissioner's action shall be governed by IC 4-21.5,
except where a different specific provision is made in this chapter.
Formerly: Acts 1967, c.133, s.5; Acts 1971, P.L.1, SEC.9. As
amended by P.L.252-1985, SEC.108; P.L.7-1987, SEC.140;
P.L.178-2003, SEC.23.