40 Pa. Stat. § 1228

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1228 - Appeal by minority

Any member of, or subscriber to, a rating organization may appeal to the commissioner from any action or decision of such rating organization in approving or rejecting any proposed change in, or addition to, the filings of such rating organization and the commissioner shall, after a hearing held upon not less than ten days written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization, or directing it to give further consideration to such proposal, and to take action or make a decision upon it within thirty days, 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: Provided, however, If the appeal is from the action of the rating organization with regard to a rate on a proposed change in, or addition to, its filings relating to the character and extent of coverage, he shall approve the rate applied by the rating organization or such rate as may be suggested by the appellant if either rate be in accordance with this act.

The failure of a rating organization to take action or make a decision within thirty days after submission to it of a proposal under this section shall constitute a rejection of such proposal within the meaning of this section.

40 P.S. § 1228

1947, June 11, P.L. 551, § 8. Reenacted and amended 1961, Aug. 23, P.L. 1053, § 1.