N.J. Admin. Code § 11:1-2A.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 11:1-2A.4 - Procedures for review of personal lines rate filings

(a) The time period for the Department's review of a personal lines rate filing shall commence on the day the filing is received by the Department. The filer shall concurrently provide a copy of the filing to the Division of Rate Counsel.

(b) No later than 10 days after its receipt of the filing, the Division of Rate Counsel shall notify the Department and the filer if it intends to intervene.

(c) If the Department requests further information from the filer, the filer shall submit that information to the Department and simultaneously to the Division of Rate Counsel within 10 days of its receipt of the request.

(d) No later than 20 days after its receipt of a filing, the Division of Rate Counsel may request in writing that the filer provide additional information to complete their review or to explain or clarify information contained in the filing. A copy of any such request shall be simultaneously provided to the Department. Not later than 10 days after its receipt of any such request, the filer shall provide the clarifying or explanatory information to the Division of Rate Counsel and simultaneously to the Department.

(e) The Division of Rate Counsel may, within five days of its receipt of the filer's response providing clarifying or explanatory information pursuant to (d) above, request in writing that the filer provide any additional or follow up information to complete their review. A copy of any such request shall be simultaneously provided to the Department. The filer shall provide the additional or follow-up information to the Division of Rate Counsel and simultaneously to the Department within 10 days of its receipt of such a request.

(f) No later than 20 days after its receipt of the final company response, the Division of Rate Counsel shall file with the Department its report and recommendations, and simultaneously submit a copy to the filer.

(g) The Commissioner shall render a decision on the filing within 30 days after receipt of the Division of Rate Counsel's report, unless the filer or the Division of Rate Counsel has submitted a request for a hearing.

(h) Simultaneously with the filing of its report with the Department, the Division of Rate Counsel may request in writing a hearing on the filing. A request for hearing shall include a statement of the facts and issues in sufficient detail so as to notify the Department and any other party of the matters in dispute.

(i) Upon receipt of a request for a hearing by the filer or by the Division of Rate Counsel or not later than 75 days after receipt of a filing by the Department, the Commissioner shall determine whether the matter is a contested case and notify all parties in writing.

1. If no hearing is requested by the filer or by the Division of Rate Counsel, the Commissioner shall issue an appropriate final order disposing of all issues raised by the filing. The final order shall be issued no later than 90 days from the receipt of the filing by the Department except, for good cause, the Commissioner may extend the time to issue a final order by not more than 30 days.

2. If a hearing is requested by the filer or by the Division of Rate Counsel, the Commissioner may:

i. Hear the matter;

ii. Direct that the matter be transmitted to the Office of Administrative Law; or

iii. Appoint a salaried employee of the Department to hear the matter pursuant to N.J.S.A. 17:29A-14c.

3. The hearing shall be conducted pursuant to the provisions of N.J.S.A. 17:29A-14c and the Administrative Procedure Act, 52:14B-1 et seq., and applicable administrative procedure rules, N.J.A.C. 1:1 and 1:11.

N.J. Admin. Code § 11:1-2A.4

Amended by R.2010 d.230, effective 10/18/2010.
See: 41 N.J.R. 3363(a), 42 N.J.R. 2425(a).
Substituted "Division of Rate Counsel" for "Public Advocate" throughout; and in (g), substituted "Division of Rate Counsel's" for "Public Advocate's".