§ 27-6-20. Hearings on application by persons aggrieved by filings — Order terminating filing
— Removal of discrimination.
(a) Any person or organization aggrieved with respect to any rate or filing that is in
effect may make written application to the commissioner for a hearing; provided, that
the insurer or rating organization that uses the rate or made the filing shall not
be authorized to proceed under this section. This application shall specify the grounds
to be relied upon by the applicant. If the commissioner shall find that the application
is made in good faith, that the applicant would be aggrieved if the applicant's grounds
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§ 27-6-20. Hearings on application by persons aggrieved by filings — Order terminating filing
— Removal of discrimination.
(a) Any person or organization aggrieved with respect to any rate or filing that is in
effect may make written application to the commissioner for a hearing; provided, that
the insurer or rating organization that uses the rate or made the filing shall not
be authorized to proceed under this section. This application shall specify the grounds
to be relied upon by the applicant. If the commissioner shall find that the application
is made in good faith, that the applicant would be aggrieved if the applicant's grounds
are established, and that these grounds justify holding a hearing, the commissioner
shall, within thirty (30) days after receipt of the application, hold a hearing upon
not less than ten (10) days' written notice to the applicant and to every insurer
and rating organization that uses the rate or made the filing; provided, if a public
hearing had been held concerning the rate or filing before it became effective, no
hearing shall be held pursuant to this section unless the commissioner shall find
that there has been a substantial change of circumstances since that hearing.
(b) If, after the hearing, the commissioner finds that the rate or filing does not meet
the requirements of this chapter, the commissioner shall issue an order specifying
in what respects the commissioner finds that the rate or filing fails to meet the
requirements of this chapter, and stating when, within a reasonable period after this,
the rate shall no longer be used or the filing shall be deemed no longer effective.
This order shall not affect any contract or policy made or issued prior to the expiration
of the period set forth in the order. If the commissioner finds that an unfair discrimination
exists in the application of a rate or filing to an individual risk the commissioner
may, after a hearing held on like notice to the insurer affected and to any rating
organization that made the filing, issue an order that the unfair discrimination be
removed. Copies of any order issued under this section shall be sent to every affected
insurer and rating organization.