It is enacted by the General Assembly as follows:
SECTION 1. Title 42, Chapter 62, Section 13 of the General Laws entitled "State Affairs and Government" is hereby amended to read as follows:
42-62-13. Rates charged. -- (a) The rates proposed to be
charged or a rating formula proposed to be used by any insurer
hereunder to employers, the state or any political subdivision
thereof, or individuals, shall be filed by such insurer at the office
of the director of business regulation. Within thirty (30) {ADD sixty
(60) ADD} days after receipt of the application, the director or the
director's designee may hold a hearing upon not less than ten (10)
days' written notice prior to the hearings. The notice shall contain
a description of the rates proposed to be charged and a copy of the
notice shall be sent to the applicant. At any hearing held hereunder,
the applicant shall be required to establish that the rates proposed
to be charged or the rating formula proposed to be used are consistent
with the proper conduct of its business and with the interest of the
public. Any documents presented in support of a filing of proposed
rates hereunder shall be made available for public examination at such
time and such place as the director may deem reasonable. The director
or the director's designee upon such hearing may administer oaths,
examine and cross-examine witnesses, receive oral and documentary
evidence, and shall have the power to subpoena witnesses, compel their
attendance and require the production of all books, papers, records,
correspondence, or other documents which he deems relevant. Any
designee who shall conduct a hearing pursuant to this section shall
report his findings in writing to the director within eighty (80) days
of the filing with a recommendation for approval, disapproval, or
modification of the rates proposed to be charged by the applicant.
The recommended decision shall become part of the record. The
director shall make and issue a decision not later than ten (10) days
following issuance of the recommended decision or, if the director
hears the application without the appointment of the designee, as soon
as is reasonably possible following completion of the hearing on the
proposed rate change. The decision may approve, disapprove, or
modify the rates proposed to be charged by the applicant. Insurers
requesting changes in rates shall underwrite the reasonable expenses
of the department of business regulation in connection with the
aforesaid hearing including any costs related to advertisements,
stenographic reporting, and expert witnesses fees. Notwithstanding
any other provisions of law, the filing of proposed rates or a rating
formula and the holding and conduct of any hearings in connection
therewith shall be pursuant to this section.
(b) Whenever the term "designee" is used in this section it shall mean a person who is impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently acquainted with the rules of evidence as used in the superior court of the state so as to enable that person to conduct a hearing as designee of the director. The reasonable per diem cost of the designee as appointed by the director shall be paid by the insurers requesting changes in the rates.
SECTION 2. This act shall take effect upon passage.