20-366. Appeal by member or subscriber from
action relating to filings
A. Any member of or subscriber to a rating organization may appeal to the director
from the action or decision of the rating organization in approving or rejecting any
proposed change in or addition to the filings of the rating organization, and the
director shall, after a hearing held upon not less than ten days' written notice to the
applicant and to the rating organization, issue an order approving the action or decision
of the rating organization or directing it to give further consideration to the proposal,
or if the appeal is from the action or decision of the rating organization in rejecting a
proposed addition to its filings, the director may, in the event that he shall find that
such action or decision was unreasonable, issue an order directing the rating
organization to make an addition to its filings, on behalf of its members and
subscribers, in a manner consistent with the findings of the director, within a
reasonable time after the issuance of the order.
B. In the case of insurance to which this article applies, if the 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 from the system
of expense provisions included in a filing made by the rating organization, the director
shall, if he grants the appeal, order the rating organization to make the requested
filing for use by the applicant. In deciding the appeal the director shall apply the
standards set forth in section 20-356.
C. In the case of title insurance, if the appeal is from the action or decision of
the rating organization with regard to a rate or a proposed change in or addition to its
filings relating to the character and extent of coverage, the director may, in the event
that he shall find that such action or decision was unreasonable, issue an order
directing the rating organization to proceed in a manner consistent with his findings,
within a reasonable time after the issuance of the order. The failure of a title
insurance rating organization to take action or make a decision within thirty days after
submission to it of a proposal under this article shall constitute a rejection of such
proposal within the meaning of this section. If such appeal is based upon the failure of
the rating organization to make a filing on behalf of such members or subscriber which is
based on a system of expense allocation which differs from the system of expense
allocation included in a filing made by the rating organization, the director shall, if
he grants the appeal, order the rating organization to make the requested filing for use
by the applicant. In deciding such appeal, the director shall apply the standards set
forth in section 20-375.
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