§ 2338. Appeal from rate service organization action. (a) This section\nshall apply only to kinds of insurance the rates for which are subject\nto prior approval pursuant to subsection (b) of section two thousand\nthree hundred five of this article.\n (b) Any member of or subscriber to a rate service organization may\nappeal to the superintendent from the action or decision of the rate\nservice organization in approving or rejecting any proposed change in or\naddition to its filings. The superintendent, within thirty days after\nthe filing of such appeal, shall hold a hearing upon not less than ten\ndays' written notice to the appellant and to the rate service\norganization. After the hearing the superintendent shall issue an order\napproving the action or decision of the rate service organization or\ndirecting it to give further consideration to such proposal, or, if such\nappeal is from the action or decision of the rate service organization\nin rejecting a proposed addition to its filings, he may, in the event he\nfinds that such action or decision was unreasonable, issue an order\ndirecting the rate service organization to make an addition to its\nfilings, on behalf of its members and subscribers, in a manner\nconsistent with his findings, within a reasonable time after the\nissuance of such order.\n (c) If the appeal is based upon the failure of the rate service\norganization to make a filing on behalf of such member or subscriber\nwhich is based on a system of expense provisions which differs, in\naccordance with the right granted in subsection (d) of section two\nthousand three hundred four of this article, from the system of expense\nprovisions included in a filing made by the rate service organization,\nthe superintendent shall, if he grants the appeal, order the rate\nservice organization to make the requested filing for use by the\nappellant. In deciding the appeal the superintendent shall apply the\nstandards set forth in section two thousand three hundred three of this\narticle.\n
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