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<section article="gin" article_name="Insurance" number="11-220" title_number="11" title_name="Insurance Rating Law" subtitle_number="2" subtitle_name="Prior Approval Rate Making">
  <level label="a">
    <level label="1">
      <text>A member of or subscriber to a rating organization may appeal to the Commissioner from the action or decision of the rating organization in approving or rejecting a proposed change in or addition to the filings of the rating organization.</text>
    </level>
    <level label="2">
      <text>The Commissioner:</text>
      <level label="i">
        <text>shall issue an order that approves the action or decision of the rating organization or directs it to give further consideration to the proposal; or</text>
      </level>
      <level label="ii">
        <text>if the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings and the Commissioner finds that the action or decision was unreasonable, may issue an order that directs the rating organization to make, within a reasonable time after issuance of the order, an addition to its filings on behalf of its members and subscribers in a manner consistent with the Commissioner’s findings.</text>
      </level>
    </level>
    <level label="3">
      <text>The Commissioner shall hold a hearing before issuing an order under paragraph (2) of this subsection.</text>
    </level>
    <level label="4">
      <text>The Commissioner shall give written notice of the hearing to the appellant and rating organization at least 10 days before the hearing.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>If the appeal is based on the failure of a rating organization to make a filing on behalf of the member or subscriber that is based on a system of expense provisions that differs from the system of expense provisions included in a filing made by the rating organization, as authorized under § 11-205(e) of this subtitle, and the Commissioner grants the appeal, the Commissioner shall issue an order that requires the rating organization to make the requested filing for use by the appellant.</text>
    </level>
    <level label="2">
      <text>In deciding the appeal, the Commissioner shall apply the standards set forth in this subtitle.</text>
    </level>
  </level>
</section>
