§431:14-106  Disapproval of filings. (a)  If within the waiting period or any extension of the waiting period asprovided in section 431:14-104(j) the commissioner finds that a filing does notmeet the requirements of this article, the commissioner shall send to theinsurer, rating organization, or advisory organization which made the filing,written notice of disapproval of the filing specifying in what respects thefiling fails to meet the requirements of this article and stating that thefiling shall not become effective.

(b)  If within thirty days:

(1)  After a specific inland marine rate on a riskspecially rated by a rating organization subject to section 431:14-104(k) hasbecome effective; or

(2)  After a special surety or guaranty filing subjectto section 431:14-104(k) has become effective;

the commissioner finds that such filing does notmeet the requirements of this article, the commissioner shall send to theinsurer, rating organization, or advisory organization that made the filing,written notice of disapproval of the filing specifying in what respects thefiling fails to meet the requirements of this article and stating when, withina reasonable period thereafter, the filing shall be deemed no longereffective.  The disapproval shall not affect any contract made or issued priorto the expiration of the period set forth in the notice.

(c)  If any time subsequent to the applicablereview period provided for in subsections (a) or (b), the commissioner findsthat a filing does not comply with the requirements of this article, thecommissioner shall order a hearing upon the filing.  The hearing shall be heldupon not less than ten days' written notice to every insurer and ratingorganization who made such filing.  The notice shall specify the matters to beconsidered at the hearing.  If after a hearing the commissioner finds that afiling does not meet the requirements of this article, the commissioner shallissue an order specifying in what respects the filing fails to meet suchrequirements, and stating when, within a reasonable period thereafter, thefiling shall be deemed no longer effective.  Copies of the order shall be sentto every such insurer and rating organization.  The order shall not affect anycontract or policy made or issued prior to the expiration of the period setforth in the order.

(d)  (1)  Any person or organization aggrieved withrespect to any filing which is in effect may make written demand to thecommissioner for a hearing thereon; provided, however, that the insurer or ratingorganization which made the filing shall not be authorized to proceed underthis subsection.

(2)  The demand shall specify the grounds to be reliedupon by the aggrieved person or organization and such demand must show thatsuch person or organization has a specific economic interest affected by thefiling.

(3)  If the commissioner finds that the demand is madein good faith, that the applicant would be so aggrieved if the person's ororganization's grounds are established, and that the grounds otherwise justifysuch a hearing, the commissioner shall, within thirty days after receipt of thedemand, hold a hearing.  The hearing shall be held upon not less than ten days'written notice to the aggrieved party and to every insurer and ratingorganization which made such filing.

(4)  If, after the hearing, the commissioner findsthat the filing does not meet the requirements of this article, thecommissioner shall issue an order specifying in what respects the filing failsto meet the requirements of this article, and stating when, within a reasonableperiod, the filing shall be deemed no longer effective.  Copies of the ordershall be sent to the applicant and to every such insurer and ratingorganization.  The order shall not affect any contract or policy made or issuedprior to the expiration of the period set forth in the order.

(e)  No manual of classifications, rules,rating plan, or any modification of any of the foregoing which establishesstandards for measuring variations in hazards or expense provisions, or both,and which has been filed pursuant to the requirements of section 431:14-104shall be disapproved if the rates thereby produced meet the requirements ofthis article.

(f)  The notices, hearings, orders, and appealsreferred to in this section are in all applicable respects subject to chapter91, unless expressly provided otherwise. [L 1987, c 347, pt of §2; am L 1990, c255, §10; am L 2004, c 122, §61]