Section 10. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner shall, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in subdivision 2 of subsection (a) of section five, from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standards set forth in section five.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 4 - Application; Exceptions
Section 5 - Rates; Regulatory Provisions; Insurance Company Groups
Section 5c - Experience Review Plans
Section 7 - Improper Filing; Hearings; Aggrieved Persons; Remedies
Section 9 - Rating Organization; Rights of Members
Section 10 - Rating Organization; Action or Decision; Appeal
Section 11 - Rate Information; Furnishing to Insured; Appearance by Agent or Broker
Section 12 - Advisory Organization
Section 13 - Joint Reinsurance; Regulations
Section 15 - Rating Organizations; Regulations; Commissioner's Power to Promulgate Rules
Section 16 - False or Misleading Information
Section 17 - Agreements and Rate Modifications; Commissioner's Approval
Section 18 - Violation of This Chapter; Penalty
Section 19 - Aggrieved Insurer or Rating Organization; Hearing Before Commissioner; Appeal