§ 26.1-25-05 — Disapproval of filings

1. If within the waiting period or any extension thereof as provided in subsection 4 of
section 26.1-25-04 the commissioner finds that a filing does not meet the requirements
of this chapter, the commissioner shall send to the insurer or advisory organization
which made the filing written notice of disapproval of the filing specifying therein in
what respects the commissioner finds the filing fails to meet the requirements of this
chapter and stating that the filing will not become effective.
2. If within thirty days after a filing subject to subsection 5 of section 26.1-25-04 has
become effective the commissioner finds that the filing does not meet the requirements
of this chapter, the commissioner shall send to the insurer or advisory organization that
made the filing written notice of disapproval of the filing specifying therein 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 will be
deemed no longer effective. The disapproval may not affect any contract made or
issued prior to the expiration of the period set forth in the notice.
3. If at any time subsequent to the applicable review period provided for in subsection 1
or 2 the commissioner finds that a filing does not meet the requirements of this
chapter, the commissioner shall, after a hearing held upon not less than ten days'
written notice, specifying the matters to be considered at the hearing, to every insurer
and advisory organization which made the filing, 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 will be
deemed no longer effective. Copies of the order must be sent to every such insurer
and advisory organization. The order may not affect any contract or policy made or
issued prior to the expiration of the period set forth in the order.
4. 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. However, the
insurer or advisory organization that made the filing may not proceed under this
subsection. The application must 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 the grounds are established, and that the grounds
otherwise justify holding such a hearing, the commissioner shall, within thirty days
after receipt of the application, hold a hearing upon not less than ten days' written
notice to the applicant and to every insurer and advisory organization which made the
filing. If, after the 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 filing fails to meet the requirements of this chapter, and stating when,
within a reasonable period thereafter, the filing will be deemed no longer effective.
Copies of the order must be sent to the applicant and to every such insurer and
advisory organization. The order may not affect any contract or policy made or issued
prior to the expiration of the period set forth in the order.
5. A manual, minimum class rate, rating schedule, rating plan, or rating rule, or any
modification of any of the foregoing, which has been filed pursuant to the requirements
of section 26.1-25-04, may not be disapproved if the rates thereby produced meet the
requirements of this chapter.