§431:10C-205 - Rate review: request by aggrieved party.
§431:10C-205 Rate review: request byaggrieved party. (a) Any person aggrieved by the application as to suchperson of any classification, rule, standard, rate, or rating plan made,followed, or adopted by an insurer may make written request to the commissionerto review such application and grant the relief requested. If the commissionerfinds that probable cause for the complaint exists or that the complaintcharges a violation of this article or any applicable provision of article 14,the commissioner shall conduct a hearing on the complaint. The hearing shallbe subject to the procedure provided in section 431:14-118.
(b) If, after a hearing conducted pursuant tosubsection (a), the commissioner finds that the complainant is entitled torelief or that any classification, rule, standard, rate, rating territory, orrating plan violates this article or any applicable provisions of article 14,the commissioner shall issue an order granting the complainant's claim forrelief or prohibiting the insurer from using such classification, rule,standard, rate, rating territory, or rating plan. The order shall contain thecommissioner's findings of fact and conclusions of law, including aspecification of the respects in which a violation of this article or article14 exists and specifying a reasonable time period within which the insurershall comply with the terms of the order. Any such order shall be subject tojudicial review in the manner provided in chapter 91. [L 1987, c 347, pt of §2]