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Vegas Law

competitive; (b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or (c) The rates violate the provisions of this chapter, the Commissioner may require the insurers to file information supporting their existing rates. Before the Commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information. 2. The Commissioner may disapprove any rate without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the Commissioner conduct a hearing on the matter. (Added to NRS by 1995, 2053; A 1997, 1454; 1999, 444, 2222, 2224; 2001, 154) NRS 686B.1779 Grounds for disapproval of rates. 1. The Commissioner may disapprove a rate filed by an insurer at any time. 2. The Commissioner shall disapprove a rate if: (a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the Commissioner; (b) The rate is inadequate or unfairly discriminatory and the interaction among insurers and employers is competitive; or (c) A rate is inadequate, excessive or unfairly discriminatory and the Commissioner has found and issued an order that the interaction among the insurers and employers is not competitive. (Added to NRS by 1995, 2053; A 1997, 1455; 1999, 444, 2223, 2224; 2001, 154) NRS 686B.178 Commissioner to issue written order stating reasons for disapproval and date by which insurer must discontinue use of rate. If the Commissioner disapproves a rate, he shall issue a written order stating the reasons for the disapproval and stating the date when the rate must no longer be used for policies which are issued or renewed. The date established by the Commissioner must be within a reasonable period after the written order is issued. The Commissioner shall issue his order within 30 days after the hearing. The Commissioner may require that the premiums be adjusted after the date of the order for those policies in effect on the date of his order. (Added to NRS by 1995, 2053) NRS 686B.1781 Payment of dividends: Prohibition against discrimination; submission of plan for payments related to industrial insurance. 1. An insurer shall not unfairly discriminate among its policyholders in paying a dividend, savings, unearned premium deposits or an equivalent abatement of premiums allowed or returned by an insurer for a policy of industrial insurance. 2. A plan for the payment of dividends for industrial insurance must be filed before there is a dividend payment. The plan shall be deemed approved unless the Commissioner disapproves the plan within 30 days after it is filed and received by the Commissioner. An insurer shall not condition the payment of a dividend upon the renewal of a policy or contract by the policyholder, member or subscriber. 3. An insurer paying savings, unearned premium deposits or an equivalent abatement for premiums allowed or returned for a policy of industrial insurance must receive prior approval. (Added to NRS by 1995, 2053; A 2003, 3305) NRS 686B.1782 Agreements to lessen competition among insurers prohibited; insurers prohibited from agreeing to rates established in manner that conflicts with provisions. 1. No insurer or advisory organization may make any agreement with any person, insurer or advisory organization to restrain trade unreasonably or to lessen substantially the competition between insurers. 2. No insurer may agree to use any rate, rating plan or rating rules, other than the uniform plan for rating experience, except as necessary to comply with the provisions of this chapter concerning the activity of the Advisory Organization and insurers relating to the Uniform Statistical Plan, the Uniform Plan for Rating Experience and the Uniform System of Classifications of Risks and the development of subclassifications. 3. The fact that two or more insurers, whether or not they subscribe to the Advisory Organization, use consistently or intermittently the same rates, rating plans, rating schedules, rating rules, classifications for rates, rules for underwriting, surveys, inspections or similar materials does not require a finding by the Commissioner that an agreement to restrain trade or lessen competition exists. 4. Two or more insurers which are commonly owned or operated in this state with common management or control may act or agree to act among themselves as if they were a single insurer for any activities authorized by NRS 686B.1751 to 686B.1799, inclusive. (Added to NRS by 1995, 2053) NRS 686B.1783 Maintenance of records; examination of records by Commissioner. Every insurer, advisory organization and plan for apportioned risks shall maintain records of the kind reasonably adapted to its method of operation and reflecting its experience or the experience of its members and the data or other information collected or used by it. The Commissioner may examine those records at any reasonable time to determine whether the activities of the insurer, advisory organization or plan for apportioned risks comply with the provisions of this chapter and chapters 616A to 617, inclusive, of NRS. These records must be maintained in an office in this state or must be made available to the Commissioner for his examination or inspection at any time after reasonable notice to the insurer, advisory organization or plan for apportioned risks. (Added to NRS by 1995, 2054) NRS 686B.1784 Examination by Commissioner; cost of examination. 1. The Commissioner may examine any insurer, advisory organization or plan for apportioned risks whenever he determines that such an examination is necessary. 2. The reasonable cost of an examination must be paid by the insurer or other person examined upon presentation by the Commissioner of an accounting of those costs pursuant to NRS 679B.290. 3. In lieu of an examination, the Commissioner may accept the report of an examination made by the agency of another state that regulates insurance. (Added to NRS by 1995, 2054; A 1999, 2223) NRS 686B.1785 Request for reconsideration of rates; appeal. Any person aggrieved by any decision, action or omission of the Advisory Organization or an insurer regarding rates or other information filed with the Commissioner may request in writing that the Organization or insurer reconsider the decision, action or omission. Except as otherwise provided in NRS 616B.772, 616B.775 and 616B.787, if the request for reconsideration is rejected or is not acted upon within 30 days by the Organization or insurer, the person requesting reconsideration may, within 30 days thereafter, appeal from the decision, action or omission to the Commissioner by filing a written complaint and request for a hearing specifying the grounds relied upon. (Added to NRS by 1995, 2054; A 1999, 3381; 2001, 2256) NRS 686B.1787 Insurer or advisory organization may request hearing before Commissioner. Any insurer or advisory organization, to which is directed any order made or action taken by the Commissioner without a hearing, may request a hearing before the Commissioner. (Added to NRS by 1995, 2054) NRS 686B.1789 Provisions governing hearing. A hearing required by any of the provisions of NRS 686B.1751 to 686B.1799, inclusive, is governed by NRS 679B.310 to 679B.370, inclusive, except that any limits of time imposed by NRS 686B.1751 to 686B.1799, inclusive, control. (Added to NRS by 1995, 2054) NRS 686B.179 Revocation or suspension of license. The Commissioner may, after notice and hearing, revoke or suspend the license of an advisory organization for failure to comply with the provisions of this chapter. (Added to NRS by 1995, 2055) NRS 686B.1793 Penalties. 1. An insurer or othe

Vegas Law




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