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



(b)  If within thirty days:



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



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



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



(c)  If any time subsequent to the applicable
review period provided for in subsections (a) or (b), the commissioner finds
that a filing does not comply with the requirements of this article, the
commissioner shall order a hearing upon the filing.  The hearing shall be held
upon not less than ten days' written notice to every insurer and rating
organization who made such filing.  The notice shall specify the matters to be
considered at the hearing.  If after a hearing the commissioner finds that a
filing does not meet the requirements of this article, the commissioner shall
issue an order specifying in what respects the filing fails to meet such
requirements, and stating when, within a reasonable period thereafter, the
filing shall be deemed no longer effective.  Copies of the order shall be sent
to every such insurer and rating organization.  The order shall not affect any
contract or policy made or issued prior to the expiration of the period set
forth in the order.



(d)  (1)  Any person or organization aggrieved with
respect to any filing which is in effect may make written demand to the
commissioner for a hearing thereon; provided, however, that the insurer or rating
organization which made the filing shall not be authorized to proceed under
this subsection.



(2)  The demand shall specify the grounds to be relied
upon by the aggrieved person or organization and such demand must show that
such person or organization has a specific economic interest affected by the
filing.



(3)  If the commissioner finds that the demand is made
in good faith, that the applicant would be so aggrieved if the person's or
organization's grounds are established, and that the grounds otherwise justify
such a hearing, the commissioner shall, within thirty days after receipt of the
demand, 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 rating
organization which made such filing.



(4)  If, after the hearing, the commissioner finds
that the filing does not meet the requirements of this article, the
commissioner shall issue an order specifying in what respects the filing fails
to meet the requirements of this article, and stating when, within a reasonable
period, the filing shall be deemed no longer effective.  Copies of the order
shall be sent to the applicant and to every such insurer and rating
organization.  The order shall not affect any contract or policy made or issued
prior 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 establishes
standards for measuring variations in hazards or expense provisions, or both,
and which has been filed pursuant to the requirements of section 431:14-104
shall be disapproved if the rates thereby produced meet the requirements of
this article.



(f)  The notices, hearings, orders, and appeals
referred to in this section are in all applicable respects subject to chapter
91, unless expressly provided otherwise. [L 1987, c 347, pt of §2; am L 1990, c
255, §10; am L 2004, c 122, §61]