Title 33, Chapter 9, Section 29
( 33-9-29)
If after a hearing pursuant to Code Section 33-9-28 the Commissioner finds: (1) That any rate, rating plan, or rating system violates the
applicable provisions of this chapter, he may issue an order to
the insurer or rating organization which has been the subject of
the hearing specifying in what respects the violation exists and
stating when, within a reasonable period of time, the further use
of the rate or rating system by the insurer or rating organization
in contracts of insurance made thereafter shall be prohibited and
may further order that the portion of premiums received from
current policyholders as a result of the most recent rate increase
at the time the notice of such hearing is issued shall be refunded
to the policyholders; (2) That an insurer, rating organization, advisory organization,
or a group, association, or other organization of insurers which
engages in joint underwriting or joint reinsurance is in violation
of the provisions of this chapter applicable to it other than the
provisions dealing with rates, rating plans, or rating system, he
may issue an order to the insurer, organization, group, or
association which has been the subject of the hearing specifying
in what respects the violation exists and requiring compliance
within a reasonable time thereafter; (3) That the violation of this chapter applicable to it by any
insurer or rating organization which has been the subject of the
hearing was willful, he may suspend or revoke, in whole or in
part, the certificate of authority of each insurer or the license
of each rating organization with respect to the class of insurance
which has been the subject matter of the hearing; (4) That any rating organization has willfully engaged in any
fraudulent or dishonest act or practices, he may suspend or
revoke, in whole or in part, the license of the organization in
addition to any other penalty provided in this chapter. |