HERBERT R. O'CONOR, GOVERNOR. 1397

or subscriber thereof, upon application therefor by such in-
surer. An insurer shall only use rates or rating systems made
by the rating organization of which it is a member or sub-
scriber, or rate or rating systems made by itself if not a mem-
ber or subscriber of a rating organization.

No rating organization shall discriminate unfairly between
insurers in the condition imposed for admission as subscribers,
or in the services rendered to either members or subscribers.
The refusal of any rating organization to admit an insurer
as a subscriber shall, at the request of such insurer, be re-
viewed by the Commissioner at a hearing held upon at least
ten days' notice to such rating organization and such insurer.
If the Commissioner shall find that the insurer has been
refused admittance to such rating organization as a subscriber
without justification, he shall make an order directing such
rating organization to admit such insurer as a subscriber.
If he shall find that the action of the rating organization in
refusing admittance to an insurer as a subscriber is justified,
he shall make an order affirming its action.

4. (Deviations. ) No insurer, officer, agent or representa-
tive thereof shall knowingly issue or deliver or knowingly per-
mit the issuance or delivery of any policy of insurance in this
State which does not conform to the requirements of the rat-
ing organization of which the insurer is a member. However,
an insurer may deviate from the rates promulgated by the
rating organization provided the insurer has filed the devia-
tion to be applied both with the rating organization and the
Commissioner, and provided the said deviation is uniform in
its application to all risks in the State of the class to which
such deviation is to apply; and provided such deviation is
approved by the Commissioner. Such deviation may be re-
newed annually subject to all of the foregoing provisions. A
rate in excess of that promulgated by the rating organization
may be charged on any specific risk provided such higher rate
is charged with the knowledge and written consent of both
the insured and the Commissioner.

5. (Discrimination. ) No rates or rating methods submitted
by an insurer or rating organization which unfairly discrimi-
nate between risks involving substantially the same degree of
hazard and environment shall be approved by the Insurance
Commissioner. Whenever the Insurance Commissioner finds
that any rates in use by an insurer, or promulgated by a rat-
ing organization result in such discrimination, he shall require
correction by such measures as are reasonable and adequate
to effect an equitable adjustment.