§431:10C‑410  Schedules.  Thecommissioner shall:

(1)  Set rate schedules periodically, but not lessfrequently than annually, for all classes in accordance with this part and thecriteria in paragraph (3), so that the total premium income, from all plan motorvehicle insurance, when combined with the investment income, shall annuallyfund the costs of all joint underwriting plan classes, the joint underwritingassigned claims plan, and the administration of the plans;

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

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

(A)  For the licensed public assistance driver,as defined in section 431:10C‑407(b)(2)(A), or the licensed foster caredriver, as defined in section 431:10C‑407(b)(2)(C), no premium shall beassessed 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 handicappeddriver, including drivers with any auditory limitation, defined in section431:10C‑407, no rate shall be set higher than that assessed a comparabledriver without limitation, except that a higher rate may be surcharged underany applicable standard conforming with section 431:10C‑409(3); and

(4)  Set various systems and schedules of rates basedupon the risks involved, the experience with various exposures, uses, anddrivers, and may include the establishment of surcharges for specific risks,drivers, and uses for each of the enumerated classes except the classes limitedunder paragraph (3). [L 1987, c 347, pt of §2; am L 1997, c 251, §53; am L1998, c 275, §33; am L 2006, c 289, §5]