Oklahoma § 36-990 - Challenge and review of application of rating system

§ 36-990. Challenge and review of application of rating system

Challenge and Review of Application of Rating System.

A. Every advisory organization and every insurer subject to the

Property and Casualty Competitive Loss Cost Rating Act which makes

its own rates shall provide within this state reasonable means

whereby any insured aggrieved by the application of its rating

system may, upon that insured's written request, be heard in person

or by the insured's authorized representative to review the manner

in which such rating system has been applied in connection with the

insurance afforded the aggrieved insurer.

B. An insurer or any party affected by the action of an

advisory organization may, within thirty (30) days after written

notice of that action, make application, in writing, for an appeal

to the Commissioner, setting forth the basis for the appeal and the

grounds to be relied upon by the applicant.

Oklahoma Statutes - Title 36. Insurance

C. Within thirty (30) days, the Commissioner shall review the

application and, if the Commissioner finds that the application is

made in good faith and that it sets forth on its face grounds which

reasonably justify holding a hearing, the Commissioner shall conduct

a hearing held not less than ten (10) days after written notice to

the applicant and to the advisory organization or insurer. The

Commissioner, after a hearing, shall affirm or reverse the action of

the advisory organization or insurer.

Added by Laws 1999, c. 83, § 10, eff. Nov. 1, 1999. Amended by Laws

2004, c. 519, § 21, eff. Nov. 1, 2004.