§ 58-36-20. Disapproval; hearing, order; adjustment of premium, review of filing. - North Carolina Statutes

§ 58‑36‑20. Disapproval; hearing, order; adjustment of premium, review of filing.

(a)        At any time within50 days after the date of any filing, the Commissioner may give written noticeto the Bureau specifying in what respect and to what extent the Commissionercontends the filing fails to comply with the requirements of this Article andfixing a date for hearing not less than 30 days from the date of mailing ofsuch notice. Once begun, hearings must proceed without undue delay. At thehearing the burden of proving that the proposed rates are not excessive,inadequate, or unfairly discriminatory is on the Bureau. At the hearing thefactors specified in G.S. 58‑36‑10 shall be considered. If theCommissioner after hearing finds that the filing does not comply with theprovisions of this Article, he may issue his order determining wherein and towhat extent such filing is deemed to be improper and fixing a date thereafter,within a reasonable time, after which the filing shall no longer be effective.Any order issued after a hearing shall be issued within 45 days after thecompletion of the hearing. If no order is issued within 45 days after thecompletion of the hearing, the filing shall be deemed to be approved.

(b)        In the event thatno notice of hearing shall be issued within 50 days from the date of any suchfiling, the filing shall be deemed to be approved. If the Commissionerdisapproves such filing pursuant to subsection (a) as not being in compliancewith G.S. 58‑36‑10, he may order an adjustment of the premium to bemade with the policyholder either by collection of an additional premium or byrefund, if the amount exceeds five dollars ($5.00). The Commissioner maythereafter review any filing in the manner provided; but if so reviewed, noadjustment of any premium on any policy then in force may be ordered.

(c)        For workers'compensation insurance and employers' liability insurance written in connectiontherewith, the period between the date of any filing and the date theCommissioner may give written notice as described in subsection (a) of thissection and the period between the date of any filing and the deadline forgiving notice of hearing as described in subsection (b) of this section shallbe 60 days.  (1977,c. 828, s. 6; 1979, c. 824, s. 3; 1985, c. 666, s. 2; 1993, c. 409, s. 12; 2002‑187,s. 4.2; 2009‑472, s. 4.)