(1) At any time subsequent to the applicable review period provided in § 1206 or 1207 of this title, the Commissioner may order a hearing to determine whether or not a filing meets the requirements of this chapter. At least ten days’ written notice of such hearing shall be given to every insurer and rating organization which has made such filing. If the Commissioner finds after such hearing that such filing fails to meet the requirements of this chapter, he shall issue his order specifying in what respects he finds that such filing fails to meet the requirements of this chapter and stating when, within a reasonable period thereafter, the filing shall be deemed no longer effective.
(2) Such order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
(3) If after such notice and hearing the Commissioner finds that unfair discrimination exists in the making or application of any rate, he may order removal of such discrimination; but the discrimination shall not be removed by increasing the rate on any risk affected by the order unless the increase is approved by the Commissioner as reasonable.
(4) Any person aggrieved with respect to any filing then in effect, other than the insurer or rating organization which made the filing, may make written application to the Commissioner for a hearing thereon. The application shall specify the grounds to be relied upon by the applicant. If the Commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established and that such grounds otherwise justify holding the hearing, he shall, within thirty days after receipt of the application, hold a hearing as required in subsection (1).
(5) No manual, minimum, class rate, rules, classification, rating plan, rating rule, or any modification of any of the foregoing, or any modification which establishes standards for measuring variations in hazards or expense provisions, or both, and which has been filed pursuant to § 1205 of this title shall be disapproved if the rates thereby produced meet the requirements of this chapter.
History —Ins. Code § 12.120.