(1) Any member of or subscriber to a rating organization may appeal to the Commissioner from any action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization. Upon receipt of an application for such an appeal, the Commissioner shall send written notice to the appellant and to the rating organization involved of a hearing to be held on the matter. At least ten days shall elapse between the date of the notice and that set for the hearing.
(2) After such hearing the Commissioner shall issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
(3) If such appeal is based upon the failure of the rating organization to make, on behalf of such member or subscriber, a filing which is based on a system of expense provisions that differs, in accordance with the right granted in subsection (2) of § 1204 of this title, from the system of expense provisions included in a filing made by the rating organization, the Commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant.
(4) In deciding such appeal, the Commissioner shall apply the standards set forth in subsection (1) of § 1204 of this title.
History —Ins. Code § 12.300.