379.346. Examination, purpose of--hearing--order. - Missouri Statutes

Examination, purpose of--hearing--order.

379.346. 1. The purpose of examination, as provided for insection 379.017 and sections 379.316 to 379.361, is to enable thedirector to ascertain whether there is compliance with theprovisions of section 379.017 and sections 379.316 to 379.361.

2. If as a result of such examination the director findsthat any rate, rating plan or rating system made or used by arating organization or by an insurer does not meet the standardsand provisions of section 379.017 and sections 379.316 to 379.361applicable to it, or that a rating organization or an advisoryorganization or group, association or other organization referredto in section 379.017 and sections 379.316 to 379.361 is not incompliance with the provisions of section 379.017 and sections379.316 to 379.361 applicable to it, the director shall hold apublic hearing in connection therewith, provided, that within areasonable period of time, which shall be not less than ten daysbefore the date of such hearing, he shall mail written noticespecifying the matters to be considered at such hearing to everyperson or organization believed by him not to be in compliancewith the provisions of section 379.017 and sections 379.316 to379.361.

3. If the director, after such hearing, for good cause findsthat such rate, rating plan or rating system does not meet theprovisions of section 379.017 and sections 379.316 to 379.361, heshall issue an order specifying in what respects any such rate,rating plan or rating system fails to meet the provisions ofsection 379.017 and sections 379.316 to 379.361 and stating when,within a reasonable period of time thereafter, the further use ofsuch rate, rating plan or rating system by the ratingorganization or insurer which is the subject of the examinationshall be prohibited and a copy of such order shall be sent tosuch rating organization or insurer; that a rating organization,an advisory organization, or any group, association or otherorganization mentioned in section 379.328, is not in compliancewith the provisions of section 379.017 and sections 379.316 to379.361, he shall issue a written order to such ratingorganization, specifying in what respect it is not complying withthe provisions of section 379.017 and sections 379.316 to 379.361and requiring compliance.

(L. 1972 S.B. 547 § 14)