Section 3801.304 - Review procedure(a) General rule.--Filings under section 303(c) and (e)(1), (2) and (5) shall be reviewed as appropriate and necessary to carry out the provisions of this chapter. The following apply: (1) Unless a filing that is subject to review under section 303(c) or (e)(1), (2) or (5) is earlier disapproved by the department, or the department, by written notice to the insurer, extends the period for approval or disapproval for an additional 45 days, the filings shall be deemed approved 45 days following receipt of the filing by the department.(2) Unless a resubmitted filing made under subsection (c) is earlier disapproved by the department, the resubmitted filing shall be deemed approved 30 days following receipt of the resubmitted filing by the department.(3) The department may hire the services of a competent actuarial firm as reasonably necessary under any section of this chapter to assist the department in the review of an insurer's rate filing or resubmitted rate filing under section 303(c) or (e)(1), (2) or (5). The reasonable and necessary costs for the services shall be paid by the insurer within 30 days of the insurer's receipt of a bill for the services.(4) An insurer intending to use any rate deemed approved under this subsection shall provide written notice to the department prior to use.(b) Disapproval.--Disapproval of a filing shall be based only on specific provisions of applicable law, regulation or statement of policy or if insufficient information is submitted to support the filing. Rates shall not be disapproved unless the rates are determined to be excessive, inadequate or unfairly discriminatory.(c) Resubmission.--A filing disapproved by the department may be resubmitted within 120 days after the date of the disapproval.(d) Disapproval of resubmissions.--Disapproval of a filing resubmitted under subsection (c) shall be based only on specific provisions of applicable law, regulation or statement of policy or if insufficient information is submitted to support the filing. Rates shall not be disapproved unless the rates are determined to be excessive, inadequate or unfairly discriminatory. Disapproval may not be based on any grounds not specified in the initial disapproval issued by the department except to the extent that new information is presented in the resubmission.(e) Subsequent resubmissions.--Any further resubmission following a second disapproval shall be considered a new filing under section 303.(f) Department's discretion.--Nothing in this section shall be construed to prevent the department from affirmatively approving a filing at the department's discretion.1996, Dec. 18, P.L. 1066, No. 159, § 4, effective in 60 days. Renumbered as § 304 and amended by 2011, Dec. 22, P.L. 615, No. 134, §5, effective in 90 days [ 3/21/2012].