KRS 304.13-071: Disapproval of rates and rate filings.

(1) Existing rates in a noncompetitive market may be disapproved pursuant to the rating

standards of this chapter after a hearing. Rates that have been filed in a

noncompetitive market but that have not become effective may be disapproved

pursuant to the ratin g standards of this chapter without a hearing. However, any

insurer whose rates have been disapproved without a hearing shall be given a

hearing on a written request made within thirty (30) days after the disapproval

order. Hearings conducted under authori ty of this section shall be conducted in

accordance with KRS Chapter 13B. If a rate is disapproved, the commissioner shall

issue a final order specifying the reasons for disapproval. Any party aggrieved by

the final order of the commissioner may appeal as provided in KRS 304.2-370. The

effect of a final order shall be stayed during the pendency of the appeal and the

existing rate shall remain in effect until the final conclusion thereof.

(2) At any hearing concerning an increase in worker's compensation rat es conducted

pursuant to subsection (1), the commissioner may approve a rate other than one that

has been proposed by the filer if it is justified by the evidence presented at the

hearing.