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.
- (a) If after the hearing the commissioner finds that the filing is defective, the commissioner shall issue an order:
Renumbered and Amended by Chapter 130, 1999 General Session