2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 515A - WORKERS' COMPENSATION LIABILITY INSURANCE
515A.5 - DISAPPROVAL OF FILINGS.

        515A.5  DISAPPROVAL OF FILINGS.
         1.  If within the waiting period or any extension thereof as
      provided in subsection 4 of section 515A.4, the commissioner finds
      that a filing does not meet the requirements of this chapter, the
      commissioner shall send to the insurer or rating organization which
      made such filing, written notice in a printed or electronic format of
      disapproval of such filing specifying therein in what respects the
      commissioner finds such filing fails to meet the requirements of this
      chapter and stating that such filing shall not become effective.
         2.  At any time subsequent to the applicable review period
      provided for in subsection 1, the commissioner may hold a hearing to
      determine whether a filing meets the requirements of this chapter.
      The commissioner shall provide notice of a hearing not less than ten
      days prior to the hearing to every insurer and rating organization
      which made the filing, specifying the matters to be considered at the
      hearing.  If the commissioner finds that a filing does not meet the
      requirements of this chapter, the commissioner shall issue an order
      specifying in what respects the commissioner finds that the filing
      fails to meet the requirements of this chapter, and stating when,
      within a reasonable period thereafter, the filing shall be deemed no
      longer effective.  Copies of the order shall be sent to every insurer
      and rating organization which made the filing.  The order shall not
      affect any contract or policy made or issued prior to the expiration
      of the period set forth in the order.
         3. a.  Any person or organization aggrieved with respect to
      any filing which is in effect may make written application to the
      commissioner for a hearing thereon, provided, however, that the
      insurer or rating organization that made or uses the filing shall not
      be authorized to proceed under this subsection.  Such application
      shall specify the grounds to be relied upon by the applicant and such
      application must show that the person or organization making such
      application has a specific economic interest affected by the filing.
      If the commissioner finds that the application is made in good faith,
      that the applicant has a specific economic interest, that the
      applicant would be so aggrieved if the applicant's grounds are
      established, and that such grounds otherwise justify holding such a
      hearing, the commissioner shall within thirty days after receipt of
      such application hold a hearing, upon not less than ten days' written
      notice to the applicant and to every insurer and rating organization
      which made the filing.  No rating or advisory organization shall have
      any status under this chapter to make application for a hearing on
      any filing made by an insurer with the commissioner.
         b.  If, after such hearing, the commissioner finds that the
      filing does not meet the requirements of this chapter, the
      commissioner shall issue an order specifying in what respects the
      commissioner finds that such filing fails to meet the requirements of
      this chapter, and stating when, within a reasonable period
      thereafter, such filing shall be deemed no longer effective.  Copies
      of the order shall be sent to the applicant and to every such insurer
      and rating organization.  The order shall not affect any contract or
      policy made or issued prior to the expiration of the period set forth
      in the order.
         4.  No filing shall be disapproved if the rates thereby produced
      meet the requirements of this chapter.  

         Section History: Early Form

         [C50, 54, 58, 62, § 515A.5, 515B.5; C66, 71, 73, 75, 77, 79, 81, §
      515A.5] 

         Section History: Recent Form

         2008 Acts, ch 1123, §32