§431:14-108  Deviations.  (a)  Exceptfor those lines of insurance for which the commissioner determines thatindividual rate filings shall be made, every member of or subscriber to arating organization shall adhere to the filings made on its behalf by theorganization, except that any insurer may make written application to thecommissioner 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 ofinsurance, or combination thereof.  The application shall specify the basis forthe deviation and shall be accompanied by the data upon which the applicantrelies.  A copy of the application and data shall be sent simultaneously to therating organization.

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

(c)  In considering the application to file adeviation the commissioner shall give consideration to the available statisticsand the principles for ratemaking as provided in section 431:14-103.  Thecommissioner shall issue an order permitting the deviation to be filed if thecommissioner finds it to be justified.  The deviation shall become effectiveupon issuance of the commissioner's order.  The commissioner shall issue anorder denying the application if the commissioner finds that the deviation isnot justified or that the resulting premiums would be excessive, inadequate orunfairly discriminatory.  Each deviation permitted to be filed shall be effectivefor a period of one year from the date of the order unless terminated soonerwith the approval of the commissioner. [L 1987, c 347, pt of §2; am L 1993, c205, §35]