§33-20-8. Appeals by members of or subscribers to rating
organization.
(a) Any member of or subscriber to a rating organization may
appeal to the commissioner from the 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 notice and hearing, 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.
(b) In the case of casualty and surety insurance to which
this article applies, if such appeal is based upon the failure of
the rating organization to make a filing on behalf of such member
or subscriber which is based on a system of expense provisions
which differs, in accordance with the right granted in
subdivision (1) of paragraph (c) of section three of this
article, 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. In deciding such
appeal the commissioner shall apply the standards set forth in section three of this article.