Colorado § 10-4-407 - Hearings.

§ 10-4-407. Hearings.

(1) If, pursuant to section 10-4-406 (2), the commissioner determines to hold a public hearing as to a filing or holds such a public hearing pursuant to request therefor under section 10-4-406 (3), he shall give written notice thereof to the rating organization or insurer that made the filing, shall hold such hearing within thirty days after commencement of the public inspection period provided for in section 10-4-406 (3), and, not less than ten days prior to the date of the hearing, he shall give written notice of the hearing to the insurer or rating organization that made the filing. The commissioner may also give advance public notice of such hearing by publication of notice in one or more daily newspapers of general circulation in this state.

(2) If the commissioner's order disapproves the filing, the rate change shall not be placed into effect. If the commissioner's order approves the filing or any portion thereof, the approved rate filing shall become effective upon such subsequent date as may be satisfactory to the insurer or rating organization that made the filing; except that rates for workers' compensation insurance shall become effective on January 1 unless the commissioner, upon application, makes a finding upon good cause shown that a later date is necessary or appropriate for the implementation of such filing.

(3) Any person aggrieved by the approval by the commissioner of a rate filing may make written application to the commissioner for a hearing thereon, and such application shall specify the grounds to be relied upon by the applicant. If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall hold a hearing as provided in sections 24-4-102 to 24-4-107, C.R.S.

(4) Any insurer or rating organization aggrieved by an order or decision of the commissioner made without a hearing may, within thirty days after notice of the order or decision to the insurer or rating organization, make written application to the commissioner for a hearing thereon. The commissioner shall hold a hearing as provided in sections 24-4-102 to 24-4-107, C.R.S. Within fifteen days after such hearing, the commissioner shall affirm, reverse, or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

(5) Hearings held under this part 4 shall be held by the commissioner or his designee. Any final action of the commissioner pursuant to this part 4 shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11), C.R.S.

Source: L. 79: Entire part R&RE, p. 368, § 8, effective July 1. L. 85: (2) amended, p. 382, § 3, effective April 17. L. 86: (5) added, p. 580, § 4, effective July 1. L. 91: (2) amended, p. 1199, § 5, effective April 11. L. 92: (5) amended, p. 1557, § 57, effective May 20. L. 2004: (2) amended, p. 396, § 3, effective August 4.

Editor's note: This section is similar to former §§ 10-4-318 and 10-4-403 as they existed prior to 1979.

ANNOTATION

This section provides for two types of hearings: A quasi-legislative, public hearing to evaluate rate filings, and an individual, quasi-judicial hearing. An application for a quasi-judicial hearing must be granted by the commissioner if the commissioner finds that: (1) The application is made in good faith; (2) the applicant would be aggrieved if the facts alleged are true; and (3) those grounds otherwise justify holding such a hearing. D & B Enters., Inc. v. Commissioner of Ins., 919 P.2d 935 (Colo. App. 1996).

The applicant must meet all of the above criteria in order to be entitled to a quasi-judicial hearing. And the applicant's status as "aggrieved" did not entitle applicant to such hearing, since the application lacked sufficient grounds and thus did not meet all three criteria. D & B Enters., Inc. v. Commissioner of Ins., 919 P.2d 935 (Colo. App. 1996).

Applicants did not assert sufficient grounds in requesting a hearing where the issue to be heard was whether reductions in insurance rates should apply to outstanding policies instead of being limited to new and renewed policies. D & B Enters., Inc. v. Commissioner of Ins., 919 P.2d 935 (Colo. App. 1996).

Applicants were not denied due process rights as they could not establish that they had a constitutionally protected right to receive a lower insurance rate or maintain parity with other employers. Any deprivation that may have occurred was a result of quasi-legislative action, and neither the constitution nor this section require notice. D & B Enters., Inc. v. Commissioner of Ins., 919 P.2d 935 (Colo. App. 1996).

As commissioner's order was subject to review, applicants were not denied access to the courts guaranteed by the state constitution. D & B Enters., Inc. v. Commissioner of Ins., 919 P.2d 935 (Colo. App. 1996).

Applied in Barnes v. District Court, 199 Colo. 310, 607 P.2d 1008 (1980).