§431:10C‑410  Schedules.  The
commissioner shall:



(1)  Set rate schedules periodically, but not less
frequently than annually, for all classes in accordance with this part and the
criteria in paragraph (3), so that the total premium income, from all plan motor
vehicle insurance, when combined with the investment income, shall annually
fund the costs of all joint underwriting plan classes, the joint underwriting
assigned claims plan, and the administration of the plans;



(2)  Prior to setting rates in accordance with
paragraph (1), hold a public hearing on the proposed rates to afford all
interested persons an opportunity to be heard.  Notice shall be published and
the hearing shall be held in accordance with chapter 91;



(3)  Establish rates for the following classes within
the following restrictions:



(A)  For the licensed public assistance driver,
as defined in section 431:10C‑407(b)(2)(A), or the licensed foster care
driver, as defined in section 431:10C‑407(b)(2)(C), no premium shall be
assessed for the mandatory minimum personal injury protection, bodily injury,
or property damage coverages; and all policies shall conform to section 431:10C‑407(b)(2);
and



(B)  For the licensed physically handicapped
driver, including drivers with any auditory limitation, defined in section
431:10C‑407, no rate shall be set higher than that assessed a comparable
driver without limitation, except that a higher rate may be surcharged under
any applicable standard conforming with section 431:10C‑409(3); and



(4)  Set various systems and schedules of rates based
upon the risks involved, the experience with various exposures, uses, and
drivers, and may include the establishment of surcharges for specific risks,
drivers, and uses for each of the enumerated classes except the classes limited
under paragraph (3). [L 1987, c 347, pt of §2; am L 1997, c 251, §53; am L
1998, c 275, §33; am L 2006, c 289, §5]