§ 58-36-70. Rate filings and hearings for motor vehicle insurance. - North Carolina Statutes

§58‑36‑70.  Rate filings and hearings for motor vehicle insurance.

(a)        With respect tononfleet private passenger motor vehicle insurance, except as provided in G.S.58‑36‑25, a filing made by the Bureau under G.S. 58‑36‑15(d)is not effective until approved by the Commissioner or unless 60 days haveelapsed since the making of a proper filing under that subsection and theCommissioner has not called for a hearing on the filing. If the Commissionercalls for a hearing, he must give written notice to the Bureau, specify in thenotice in what respect the filing fails to comply with this Article, and fix adate for the hearing that is not less than 30 days from the date the notice ismailed.

(b)        At least 15 daysbefore the date set for the convening of the hearing the respective staffs andconsultants of the Bureau and Commissioner shall meet at a prehearingconference to review the filing and discuss any points of disagreement that arelikely to be in issue at the hearing. At the prehearing conference, the partiesshall list the names of potential witnesses and, where possible, stipulate totheir qualifications as expert witnesses, stipulate to the sequence ofappearances of witnesses, and stipulate to the relevance of proposed exhibitsto be offered by the parties. Minutes of the prehearing conference shall bemade and reduced to writing and become part of the hearing record. Anyagreements reached as to preliminary matters shall be set forth in writing andconsented to by the Bureau and the Commissioner. The purpose of this subsectionis to avoid unnecessary delay in the rate hearings.

     (c)  Once begun, hearingsmust proceed without undue delay. At the hearing the burden of proving that theproposed rates are not excessive, inadequate, or unfairly discriminatory is onthe Bureau. The Commissioner may disregard at the hearing any exhibits,judgments, or conclusions offered as evidence by the Bureau that were developedby or available to or could reasonably have been obtained or developed by theBureau at or before the time the Bureau made its proper filing and whichexhibits, judgments, or conclusions were not included and supported in thefiling; unless the evidence is offered in response to inquiries made at thehearing by the Department, the notice of hearing, or as rebuttal to theDepartment's evidence. If relevant data becomes available after the filing hasbeen properly made, the Commissioner may consider such data as evidence in thehearing. The order of presenting evidence shall be (1) by the Bureau; (2) bythe Department; (3) any rebuttal evidence by the Bureau regarding theDepartment's evidence; and (4) any rebuttal evidence by the Departmentregarding the Bureau's rebuttal evidence. Neither the Bureau nor the Departmentshall present repetitious testimony or evidence relating to the same issues.

(d)        If the Commissionerfinds that a filing complies with the provisions of this Article, either afterthe hearing or at any other time after the filing has been properly made, hemay issue an order approving the filing. If the Commissioner after the hearingfinds that the filing does not comply with the provisions of this Article, hemay issue an order disapproving the filing, determining in what respect thefiling is improper, and specifying the appropriate rate level or levels thatmay be used by the members of the Bureau instead of the rate level or levelsproposed by the Bureau filing, unless there has not been data admitted intoevidence in the hearing that is sufficiently credible for arriving at theappropriate rate level or levels. Any order issued after a hearing shall beissued within 45 days after the completion of the hearing. If no order isissued within 45 days after the completion of the hearing, the filing shall bedeemed to be approved. The Commissioner may thereafter review any filing in themanner provided; but if so reviewed, no adjustment of any premium on any policythen in force may be ordered.  The escrow provisions of G.S. 58‑36‑25(b)apply to any order of the Commissioner under this subsection.

(e)        No person shallwillfully withhold information required by this Article from or knowinglyfurnish false or misleading information to the Commissioner, any statisticalagency designated by the Commissioner, any rating or advisory organization, theBureau, the North Carolina Motor Vehicle Reinsurance Facility, or any insurer,which information affects the rates, rating plans, classifications, or policyforms subject to this Article or Article 37 of this Chapter. (1985(Reg. Sess., 1986), c. 1027, s. 5; 1987, c. 864, s. 65; 1987 (Reg. Sess.,1988), c. 975, s. 6; 1989 (Reg. Sess., 1990), c. 1069, s. 23; 1995, c. 507, s.11A(c).)