§431:14-108  Deviations.  (a)  Except
for those lines of insurance for which the commissioner determines that
individual rate filings shall be made, every member of or subscriber to a
rating organization shall adhere to the filings made on its behalf by the
organization, except that any insurer may make written application to the
commissioner to file a deviation from the class rates, schedules, rating plans,
or rules respecting any class of insurance, or class of risk within a class of
insurance, or combination thereof.  The application shall specify the basis for
the deviation and shall be accompanied by the data upon which the applicant
relies.  A copy of the application and data shall be sent simultaneously to the
rating organization.



(b)  The commissioner shall set a time and
place for a hearing at which the insurer and the rating organization may be
heard, and shall give them not less than ten days' written notice thereof.  In
the event the commissioner is advised by the rating organization that it does
not desire a hearing, the commissioner may, upon the consent of the applicant,
waive the hearing.



(c)  In considering the application to file a
deviation the commissioner shall give consideration to the available statistics
and the principles for ratemaking as provided in section 431:14-103.  The
commissioner shall issue an order permitting the deviation to be filed if the
commissioner finds it to be justified.  The deviation shall become effective
upon issuance of the commissioner's order.  The commissioner shall issue an
order denying the application if the commissioner finds that the deviation is
not justified or that the resulting premiums would be excessive, inadequate or
unfairly discriminatory.  Each deviation permitted to be filed shall be effective
for a period of one year from the date of the order unless terminated sooner
with the approval of the commissioner. [L 1987, c 347, pt of §2; am L 1993, c
205, §35]