§ 31A-19a-218. Appeal from filing.

(1)

(a) A person aggrieved by a filing that is in effect may apply to the commissioner in writing for a hearing.

(b) The application described under Subsection (1)(a) shall:

(i) specify the grounds upon which the applicant intends to rely to establish the grievance; and

(ii) state why the filing does not meet the requirements of law.

(2) On receipt of an application for hearing under Subsection (1), the commissioner shall grant the requested hearing if the commissioner finds that:

(a) the application was made in good faith;

(b) the grievance is justified, assuming the applicant's grounds can be established; and

(c) the grounds otherwise justify holding such a hearing.

(3) A hearing granted under Subsection (2) shall be held:

(a) within 30 calendar days from the date of receipt of the application; and

(b) not less than 10 days after written notice to:

(i) the applicant;

(ii) each insurer that made the filing; and

(iii) each rate service organization that made the filing.

(4)

(a) If after the hearing the commissioner finds that the filing is defective, the commissioner shall issue an order:

(i) specifying the respects in which the filing fails to meet the requirements of the law; and

(ii) setting a date after which the filing ceases to be effective.

(b) A copy of the order shall be sent to each party to the dispute.

(c) The order may not affect any contract or policy made or issued before the date set forth in the order.

Renumbered and Amended by Chapter 130, 1999 General Session