§431:14-109  Appeal by minority.  Anymember of or subscriber to a rating organization may appeal to the commissionerfrom the action or decision of the rating organization in approving orrejecting any proposed change in or addition to the filings of the ratingorganization.  The commissioner shall, after a hearing held upon not less thanten days' written notice to the appellant and to the rating organization, issuean order approving the action or decision of the rating organization ordirecting it to give further consideration to the proposal.

(1)  If the appeal is from the action or decision ofthe rating organization in rejecting a proposed addition to its filings, thecommissioner may issue an order directing the rating organization to make anaddition to its filings, on behalf of its members and subscribers, provided thecommissioner finds that the action or decision was unreasonable.  The ratingorganization shall make an addition to its filings within a reasonable timeafter the issuance of the order and in a manner consistent with thecommissioner's findings.

(2)  The commissioner shall order the ratingorganization to make the requested filing for use by the appellant if theappeal is:

(A)  Based upon the failure of the ratingorganization to make a filing on behalf of the member or subscriber which isbased on a system of expense provisions differing from the system of expenseprovisions included in the rating organization's filing, and

(B)  Granted by the commissioner.

In deciding the appeal the commissioner shall applythe standards set forth in section 431:14-103. [L 1987, c 347, pt of §2]

 

Revision Note

 

  Subsection designation deleted.