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Session Laws, 1949
Volume 590, Page 1237   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1237

(d) Any person or organization aggrieved with respect to
any filing which is in effect may make written application to
the commissioner for a hearing thereon, provided, however,
that the insurer or rating organization that made the filing
shall not be authorized to proceed under this paragraph. Such
application shall specify the grounds to be relied upon by the
applicant. If the commissioner shall find that the application
is made in good faith, that the applicant would be so ag-
grieved if his grounds are established, and that such grounds
otherwise justify holding such a hearing, he shall, within
thirty days after receipt of such application, hold a hearing
upon not less than ten days' written notice to the applicant
and to every insurer and rating organization which made such
filing.

If, after such hearing, the commissioner finds that the filing
does not meet the requirements of this Act, he shall issue an
order specifying in what respects he finds that such filing
fails to meet the requirements of this Act, and stating when,
within a reasonable period thereafter, such filing shall be
deemed no longer effective. Copies of said order shall be sent
to the applicant and to every such insurer and rating organ-
ization. Said order shall not affect any contract or policy
made or issued prior to the expiration of the period set forth
in said order.

(e) No manual, minimum, class rate, rating schedule, rating
plan, rating rule, or any modification of any of the foregoing
which has been filed pursuant to the requirements of Sub-
section 4 of this Act shall be disapproved if the rates thereby
produced meet the requirements of this Act.

6. BATING ORGANIZATIONS.

(a) A corporation, an unincorporated association, a part-
nership or an individual, whether located within or outside
this State, may make application to the commissioner for
license as a rating organization for such kinds of insurance,
or subdivision or class of risk or a part or combination there-
of as are specified in its application and shall file therewith
(1) a copy of its constitution, its articles of agreement or
association or its certificate of incorporation, and of its by-
laws, rules and regulations governing the conduct of its busi-
ness, (2) a list of its members and subscribers, (3) the name
and address of a resident of this State upon whom notices or
orders of the commissioner or process affecting such rating
organization may be served and (4) a statement of its qualifi-
cations as a rating organization. If the commissioner finds
that the applicant is competent, trustworthy and otherwise
qualified to act as a rating organization and that its constitu-

 

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Session Laws, 1949
Volume 590, Page 1237   View pdf image (33K)
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