Determinations and notice; hearing

(215 ILCS 5/1804)     (Text of Section from P.A. 104-752)     Sec. 1804. Determinations and notice; hearing.     (a) If the Department determines via actuarial review that a filing is excessive, inadequate, or unfairly discriminatory pursuant to Section 1803, the Department shall send the company notice, within 60 days after receipt of a complete filing, either via the System for Electronic Rates and Forms Filing (SERFF) or another filing system determined by the Department, specifying: (1) in what respects the filing fails to meet the requirements of this Article and (2) if applicable, any modifications that are required. The notice shall specify a reasonable period after which the filing is no longer effective if the company fails to timely request a hearing under subsection (b). If the company timely requests a hearing under subsection (b), the filing shall remain in effect until the conclusion of the hearing and a final order is issued. If the Department finds that a rate is excessive, inadequate, or unfairly discriminatory pursuant to this Article, the final order may specify a reasonable period after which the filing is no longer effective and any rebates that must be remitted to affected consumers. Failure of the Department to provide timely notice under this Section within 60 days after the receipt of a complete filing as defined in subsection (d) shall result in the filing being deemed compliant with this Article. The 60-day period in which the Department is authorized under this Section to determine a filing is excessive, inadequate, or unfairly discriminatory is neither waivable nor subject to extension.     (b) The company may request a hearing on the notice within 30 days after receipt. Failure to request a hearing within 30 days shall be deemed the company's acceptance of the Department's determination. Failure by the Department to hold the requested hearing within 60 days of request, and to resolve the outcome of the hearing within 90 days of the hearing date or the filing of post-briefing submissions allowed by the Hearing Officer, whichever is later, shall result in the dismissal of the Department's notice and shall cause the filing to remain in effect.     (c) The action of the Director in objecting to a filing under this Article is subject to judicial review under the Administrative Review Law.     (d) A complete filing consists of a rate filing that contains all new or revised rates, a new or revised rate manual that includes new or revised rate manual rules, and any experience, judgment, and interpretation of the statistical data relied upon by the company. If the Department finds that the filing is incomplete, then the Department must provide notice to the company within 15 days after receipt of the filing or the filing is deemed complete. The notice must set forth the documents or other information that is required to complete the filing. If such notice is provided, the filing is deemed complete after the additional information specified by the Department in its notice is provided by the company to the Department. (Source: P.A. 104-752, eff. 7-1-27.)       (Text of Section from P.A. 104-753)     Sec. 1804. Determinations and notice; hearing.     (a) If the Department determines through actuarial review that a filing is excessive, inadequate, or unfairly discriminatory pursuant to Section 1803, the Department shall send the company notice, within 40 days after receipt of a complete filing, either through the System for Electronic Rates and Forms Filing (SERFF) or another filing system determined by the Department, specifying: (1) in what respects the filing fails to meet the requirements of this Article and (2) if applicable, any modifications that are required. The notice shall specify a reasonable period after which the filing is no longer effective if the company fails to timely request a hearing under subsection (b). If the company timely requests a hearing under subsection (b), the filing shall remain in effect until the conclusion of the hearing and a final order is issued. If the Department finds that a rate is excessive, inadequate, or unfairly discriminatory pursuant to this Article, the final order may specify a reasonable period after which the filing is no longer effective and any rebates that must be remitted to affected consumers. Failure of the Department to provide timely notice under this Section within 40 days after the receipt of a complete filing as defined in subsection (d) shall result in the filing being deemed compliant with this Article. The 40-day period in which the Department is authorized under this Section to determine a filing is excessive, inadequate, or unfairly discriminatory is neither waivable nor subject to extension.     (b) The company may request a hearing on the notice within 30 days after receipt. Failure to request a hearing within 30 days shall be deemed the company's acceptance of the Department's determination. Failure by the Department to hold the requested hearing within 40 days after the request, and to resolve the outcome of the hearing within 60 days after the hearing date or the filing of post-briefing submissions allowed by the Hearing Officer, whichever is later, shall result in the dismissal of the Department's notice and shall cause the filing to remain in effect.     (c) The action of the Director in objecting to a filing under this Article is subject to judicial review under the Administrative Review Law.     (d) A complete filing consists of a rate filing that contains all new or revised rates, a new or revised rate manual, including new or revised rate manual rules, and any experience, judgment, and interpretation of the statistical data relied upon by the company. If the Department finds that the filing is incomplete, then the Department must provide notice to the company within 15 days after receipt of the filing or the date the filing is deemed complete. The notice must set forth the documents or other information that is required to complete the filing. If such notice is provided, the filing is deemed complete after the additional information specified by the Department in its notice is provided by the company to the Department. (Source: P.A. 104-753, eff. 7-1-27.)