§431:14-120  Additional powers for workers'compensation rate filing and ratemaking.  (a)  The commissionershall review filings as soon as reasonably possible after they have been madeto determine whether they meet the requirements of this article.

(b)  Except as provided herein, each filingshall be on file for a waiting period of ninety days before the filing becomeseffective.  The period may be extended by the commissioner for an additionalperiod not to exceed fifteen days if the commissioner gives written noticewithin the waiting period to the insurer, rating organization, or advisoryorganization that made the filing that the commissioner needs the additionaltime for the consideration of the filing.  Upon the written application by theinsurer, rating organization, or advisory organization, the commissioner mayauthorize a filing which the commissioner has reviewed to become effectivebefore the expiration of the waiting period or any extension thereof.  A filingshall be deemed to meet the requirements of this article unless disapproved bythe commissioner within the waiting period or any extension thereof.

(c)  The commissioner may institute proceedingsfor appropriate relief including but not limited to proceedings to roll backcurrent rates whenever it appears to the commissioner that an insurer or otherinterested persons regulated by this article affecting workers' compensationinsurance rates has:

(1)  Violated or failed to comply with any provisionsof this part or of any state or federal law;

(2)  Failed to comply with any rule, regulation, orother requirement of any other state or federal agency which affects workers'compensation insurance rates;

(3)  Failed to comply with any provision of itscharter or franchise;

(4)  Set or applied any rates, classification,charges, or rules affecting workers' compensation insurance that areunreasonable or are unreasonably discriminatory;

(5)  Failed to give appropriate consideration toinvestment income earned or realized by insurers, including investment incomeearned from unearned premium and loss reserve funds in making rates; or

(6)  Failed to recognize good safety performancerecords of employers in setting premium rates and levels. [L 1987, c 347, pt of§2; am L 1997, c 81, §2; am L 1998, c 71, §3; am L 2000, c 264, §2]