379.480. Purpose of examination--hearing--orders. - Missouri Statutes

Purpose of examination--hearing--orders.

379.480. 1. The purpose of examination, as herein providedfor, is to enable the director to ascertain whether there iscompliance with the provisions of sections 379.420 to 379.510.

2. If as a result of such examination the director hasreason to believe that any rate, rating plan or rating systemmade or used by a rating organization or by an insurer does notmeet the standards and provisions of sections 379.420 to 379.510applicable to it, or that a rating organization or an advisoryorganization or group, association or other organization referredto in section 379.460 is not in compliance with the provisions ofsections 379.420 to 379.510 applicable to it, the director mayhold a public hearing in connection therewith, providing thatwithin a reasonable period of time, which shall be not less thanten days before the date of such hearing, he shall mail writtennotice specifying the matters to be considered at such hearing toevery person or organization believed by him not to be incompliance with the provisions of sections 379.420 to 379.510.

3. If the director, after such hearing, for good cause findsthat such rate, rating plan or rating system does not meet theprovisions of sections 379.420 to 379.510, he shall issue anorder specifying in what respects any such rate, rating plan orrating system fails to meet the provisions of sections 379.420 to379.510 and stating when, within a reasonable period of timethereafter, the further use of such rate, rating plan or ratingsystem by the rating organization or insurer which is the subjectof the examination shall be prohibited and a copy of such ordershall be sent to such rating organization or insurer; that arating organization, an advisory organization, or any group,association or other organization mentioned in section 379.460,is not in compliance with the provisions of sections 379.420 to379.510, he shall issue a written order to such ratingorganization, advisory organization or other group, associationor organization, specifying in what respect it is not complyingwith the provisions of sections 379.420 to 379.510 and requiringcompliance.

(L. 1947 V. II p. 254 § 4)