Determination of discrimination and removal.

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The director or his designee, upon his own motion, or upon written complaint, has the power in the first instance to determine whether or not any rate fixed by any individual, bureau, or insurer is unfairly discriminatory. If he concludes, after careful and diligent inquiry and a full hearing and investigation, that there is unfair discrimination, he shall order the discrimination removed and require the individual rate maker, bureau, or insurer to promulgate a rate which is not unfairly discriminatory.

HISTORY: Former 1976 Code Section 38-43-770 [1947 (45) 322; 1952 Code Section 37-707; 1962 Code Section 37-707] recodified as Section 38-73-1090 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.


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