Subdivision 1. Order after hearing. If the commissioner finds after a contested case proceeding under chapter 14 that a rate is not in compliance with section 70A.04, the commissioner shall order that its use is to be discontinued and shall order the excess premium plus interest at the rate specified in section 549.09 to be refunded to the policyholder. The amount of the refund, plus interest, must be computed from the commencement date of the contested case hearing on the rate. Interest must be computed as simple interest per annum.
Subd. 2. Timing of order. The order under subdivision 1 shall be issued within 60 days after the close of the hearing or within such reasonable time extension as the commissioner may fix.
Subd. 3. Approval of substituted rate. No rate replacing a disapproved rate may be used until it has been filed with the commissioner and not disapproved within 60 days thereafter, except that the rate disapproved under subdivision 1, with the consent of the commissioner, or the last previous rate in effect for the insurer may be used for a period of not more than three months pending the approval of a substituted rate. The commissioner's order may include provision for a premium adjustment in a rate charged pending approval of a substituted rate.
1969 c 958 s 11; 1986 c 444; 1986 c 455 s 56
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 70A — Insurance Rate Regulation
Section 70A.01 — Interpretation Guide.
Section 70A.02 — Scope Of Application.
Section 70A.04 — Rate Standards.
Section 70A.05 — Rating Methods.
Section 70A.06 — Filing Requirements.
Section 70A.08 — Rate Making And Rate Filing Authority.
Section 70A.09 — Assigned Risks.
Section 70A.10 — Delayed Effect Of Rates.
Section 70A.11 — Disapproval Of Rates.
Section 70A.12 — Special Restrictions On Individual Insurers.
Section 70A.13 — Operation And Control Of Rate Service Organizations.
Section 70A.15 — Binding Agreements By Insurers.
Section 70A.16 — Joint Underwriting Or Joint Reinsurance.
Section 70A.17 — Recording And Reporting Of Experience.
Section 70A.18 — Examinations.
Section 70A.19 — Information To Be Furnished Insureds; Hearing And Appeals Of Insureds.
Section 70A.20 — False Or Misleading Information.