§431:14-109  Appeal by minority.  Any
member of or subscriber to a rating organization may appeal to the commissioner
from the action or decision of the rating organization in approving or
rejecting any proposed change in or addition to the filings of the rating
organization.  The commissioner shall, after a hearing held upon not less than
ten days' written notice to the appellant and to the rating organization, issue
an order approving the action or decision of the rating organization or
directing it to give further consideration to the proposal.



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



(2)  The commissioner shall order the rating
organization to make the requested filing for use by the appellant if the
appeal is:



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



(B)  Granted by the commissioner.



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



 



Revision Note



 



  Subsection designation deleted.