HARRY HUGHES, Governor

3431

244H.

(A)  THE COMMISSIONER MAY INVESTIGATE AND DETERMINE WHETHER
OR NOT RATES IN THIS STATE FOR THE KINDS OF INSURANCE TO WHICH
THIS SUBTITLE APPLIES ARE EXCESSIVE, INADEQUATE, OR UNFAIRLY
DISCRIMINATORY.

(B)  IN ANY SUCH INVESTIGATION AND DETERMINATION THE
COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THOSE FACTORS
SPECIFIED IN § 244D OF THIS SUBTITLE.

244-I.

(A)  IF THE COMMISSIONER FINDS AFTER A HEARING THAT A RATE
IS NOT IN COMPLIANCE WITH § 244D OF THIS SUBTITLE, OR THAT A RATE
HAD BEEN SET IN VIOLATION OF § 244M OF THIS SUBTITLE, THE
COMMISSIONER SHALL ORDER THAT ITS USE BE DISCONTINUED FOR ANY
POLICY ISSUED OR RENEWED AFTER A DATE SPECIFIED IN THE ORDER AND
THE ORDER MAY PROSPECTIVELY PROVIDE FOR PREMIUM ADJUSTMENT OF ANY
POLICY THEN IN FORCE. EXCEPT AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION, THE ORDER SHALL BE ISSUED WITHIN 30 DAYS AFTER THE
CLOSE OF THE HEARING OR WITHIN A REASONABLE TIME EXTENSION AS
FIXED BY THE COMMISSIONER. THE ORDER SHALL EXPIRE 1 YEAR AFTER
ITS EFFECTIVE DATE UNLESS RESCINDED EARLIER BY THE COMMISSIONER.

(B)  (1) PENDING A HEARING, THE COMMISSIONER MAY ORDER THE
SUSPENSION PROSPECTIVELY OF A RATE FILED BY AN INSURER AND
REIMPOSE THE LAST PREVIOUS RATE IN EFFECT IF THE COMMISSIONER HAS
REASONABLE CAUSE TO BELIEVE THAT:

(I)  AN INSURER IS IN VIOLATION OF §244D OF THIS
SUBTITLE;

(II)  UNLESS THE ORDER OF SUSPENSION IS ISSUED,
CERTAIN INSUREDS WILL SUFFER IRREPARABLE HARM;

(III)  THE HARDSHIP INSUREDS WILL SUFFER ABSENT
THE ORDER OF SUSPENSION OUTWEIGHS ANY HARDSHIP THE INSURERS WOULD
SUFFER IF THE ORDER OF SUSPENSION WERE TO ISSUE; AND

(IV)  THE ORDER OF SUSPENSION WILL CAUSE NO
SUBSTANTIAL HARM TO THE PUBLIC.

(2) IN THE EVENT THE COMMISSIONER SUSPENDS A RATE
UNDER THIS SUBSECTION, THE COMMISSIONER MUST, UNLESS WAIVED BY
THE INSURER, HOLD A HEARING WITHIN 15 WORKING DAYS AFTER ISSUING
THE ORDER SUSPENDING THE RATE. IN ADDITION, THE COMMISSIONER
MUST MAKE A DETERMINATION AND ISSUE THE ORDER AS TO WHETHER OR
NOT THE RATE SHOULD BE DISAPPROVED WITHIN 15 WORKING DAYS AFTER
THE CLOSE OF THE HEARING.

(C)  (1) AT ANY HEARING TO DETERMINE COMPLIANCE WITH § 244D
PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE COMMISSIONER
SHALL FIRST DETERMINE WHETHER A REASONABLE DEGREE OF COMPETITION