{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1910.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1910.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1910.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1910.html"}],"law_id":64325,"edition_id":1,"section_id":64325,"structure_id":13456,"section_number":"38.2-1910","catch_line":"Disapproval of rates","history":"1973, c. 504, \u00a7 38.1-279.38; 1976, c. 276; 1986, c. 562; 1987, c. 697; 1990, cc. 290, 597.","full_text":"A\n\nIf the Commission finds, after providing notice and opportunity to be heard, that a rate is not in compliance with &#xA7; 38.2-1904, or is in violation of &#xA7; 38.2-1916, the Commission shall order that use of the rate be discontinued for any policy issued or renewed after a date specified in the order. The order may provide for rate modifications. The order may also provide for refund of the excessive portion of premiums collected (i) during a period not exceeding one year prior to the date of any request or motion for review made pursuant to &#xA7; 38.2-1909 and (ii) during all periods subsequent to any such request or motion until the date of the order. If a refund is ordered, the order may provide for the payment of interest thereon at a rate set by the Commission. Except as provided in subsection B of this section, the order shall be issued within thirty days after the close of the hearing or within another reasonable time extension fixed by the Commission.B\n\nPending a hearing, the Commission may order the suspension prospectively of a rate filed by an insurer and reimpose the last previous rate in effect if the Commission has reasonable cause to believe that: (i) a reasonable degree of competition does not exist in the area with respect to the classification to which the rate applies, (ii) the filed rate will have the effect of destroying competition or creating a monopoly, (iii) use of the rate will endanger the solvency of the insurer, or (iv) Virginia loss experience and other factors specifically applicable to the Commonwealth have not been properly used to determine the rates. If the Commission suspends a rate under this provision, it shall hold a hearing within fifteen business days after issuing the order suspending the rate unless the right to a hearing is waived by the insurer. In addition, the Commission shall make its determination and issue its order as to whether the rate shall be disapproved within fifteen business days after the close of the hearing.C\n\nAt any hearing held under the provisions of subsection A or B of this section, the insurer shall have the burden of justifying the rate in question. All determinations of the Commission shall be on the basis of findings of fact and conclusions of law. If the Commission disapproves a rate, the disapproval shall take effect not less than fifteen days after its order and the last previous rate in effect for the insurer shall be reimposed for a period of one year unless the Commission approves a substitute or interim rate under the provisions of subsection D or E of this section.D\n\nFor one year after the effective date of a disapproval order, no rate promulgated to replace a rate disapproved under the order may be used until it has been filed with the Commission and not disapproved within sixty days after filing.E\n\nWhenever an insurer has no legally effective rates as a result of the Commission&#8217;s disapproval of rates or other act, the Commission shall, on the insurer&#8217;s request, specify interim rates for the insurer that are high enough to protect the interests of all parties. The Commission may order that a specified portion of the premiums be placed in an escrow account approved by it. When new rates become legally effective, the Commission shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required.","order_by":null,"text":{"0":{"id":234111,"text":"If the Commission finds, after providing notice and opportunity to be heard, that a rate is not in compliance with &#xA7; 38.2-1904, or is in violation of &#xA7; 38.2-1916, the Commission shall order that use of the rate be discontinued for any policy issued or renewed after a date specified in the order. The order may provide for rate modifications. The order may also provide for refund of the excessive portion of premiums collected (i) during a period not exceeding one year prior to the date of any request or motion for review made pursuant to &#xA7; 38.2-1909 and (ii) during all periods subsequent to any such request or motion until the date of the order. If a refund is ordered, the order may provide for the payment of interest thereon at a rate set by the Commission. Except as provided in subsection B of this section, the order shall be issued within thirty days after the close of the hearing or within another reasonable time extension fixed by the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234112,"text":"Pending a hearing, the Commission may order the suspension prospectively of a rate filed by an insurer and reimpose the last previous rate in effect if the Commission has reasonable cause to believe that: (i) a reasonable degree of competition does not exist in the area with respect to the classification to which the rate applies, (ii) the filed rate will have the effect of destroying competition or creating a monopoly, (iii) use of the rate will endanger the solvency of the insurer, or (iv) Virginia loss experience and other factors specifically applicable to the Commonwealth have not been properly used to determine the rates. If the Commission suspends a rate under this provision, it shall hold a hearing within fifteen business days after issuing the order suspending the rate unless the right to a hearing is waived by the insurer. In addition, the Commission shall make its determination and issue its order as to whether the rate shall be disapproved within fifteen business days after the close of the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234113,"text":"At any hearing held under the provisions of subsection A or B of this section, the insurer shall have the burden of justifying the rate in question. All determinations of the Commission shall be on the basis of findings of fact and conclusions of law. If the Commission disapproves a rate, the disapproval shall take effect not less than fifteen days after its order and the last previous rate in effect for the insurer shall be reimposed for a period of one year unless the Commission approves a substitute or interim rate under the provisions of subsection D or E of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234114,"text":"For one year after the effective date of a disapproval order, no rate promulgated to replace a rate disapproved under the order may be used until it has been filed with the Commission and not disapproved within sixty days after filing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":234115,"text":"Whenever an insurer has no legally effective rates as a result of the Commission&#8217;s disapproval of rates or other act, the Commission shall, on the insurer&#8217;s request, specify interim rates for the insurer that are high enough to protect the interests of all parties. The Commission may order that a specified portion of the premiums be placed in an escrow account approved by it. When new rates become legally effective, the Commission shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13456,"edition_id":1,"name":"Regulation of Rates Generally","identifier":"19","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:55","date_modified":"2026-06-26 03:44:55","permalink":{"id":212945,"object_type":"structure","relational_id":13456,"identifier":"19","token":"38.2\/19","url":"\/38.2\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66229,"structure_id":13456,"section_number":"38.2-1900","catch_line":"Purposes of chapter","url":"\/38.2-1900\/","token":"38.2\/19\/38.2-1900","metadata":false},{"id":57539,"structure_id":13456,"section_number":"38.2-1901","catch_line":"Definitions","url":"\/38.2-1901\/","token":"38.2\/19\/38.2-1901","metadata":false},{"id":74191,"structure_id":13456,"section_number":"38.2-1902","catch_line":"Scope of chapter","url":"\/38.2-1902\/","token":"38.2\/19\/38.2-1902","metadata":false},{"id":70651,"structure_id":13456,"section_number":"38.2-1903","catch_line":"Exemptions","url":"\/38.2-1903\/","token":"38.2\/19\/38.2-1903","metadata":false},{"id":86657,"structure_id":13456,"section_number":"38.2-1903.1","catch_line":"Exemptions of large commercial risks","url":"\/38.2-1903.1\/","token":"38.2\/19\/38.2-1903.1","metadata":false},{"id":68129,"structure_id":13456,"section_number":"38.2-1904","catch_line":"Rate standards","url":"\/38.2-1904\/","token":"38.2\/19\/38.2-1904","metadata":false},{"id":57802,"structure_id":13456,"section_number":"38.2-1905","catch_line":"Motor vehicle insurer not to charge points or increase premiums in certain instances","url":"\/38.2-1905\/","token":"38.2\/19\/38.2-1905","metadata":false},{"id":80697,"structure_id":13456,"section_number":"38.2-1905.1","catch_line":"Repealed","url":"\/38.2-1905.1\/","token":"38.2\/19\/38.2-1905.1","metadata":false},{"id":70804,"structure_id":13456,"section_number":"38.2-1906","catch_line":"Filing and use of rates","url":"\/38.2-1906\/","token":"38.2\/19\/38.2-1906","metadata":false},{"id":54809,"structure_id":13456,"section_number":"38.2-1906.1","catch_line":"Misquote of premium","url":"\/38.2-1906.1\/","token":"38.2\/19\/38.2-1906.1","metadata":false},{"id":67605,"structure_id":13456,"section_number":"38.2-1907","catch_line":"Filings open to inspection","url":"\/38.2-1907\/","token":"38.2\/19\/38.2-1907","metadata":false},{"id":61334,"structure_id":13456,"section_number":"38.2-1908","catch_line":"Rate making and delegation of filing obligation","url":"\/38.2-1908\/","token":"38.2\/19\/38.2-1908","metadata":false},{"id":76329,"structure_id":13456,"section_number":"38.2-1909","catch_line":"Review of rates by Commission","url":"\/38.2-1909\/","token":"38.2\/19\/38.2-1909","metadata":false},{"id":64325,"structure_id":13456,"section_number":"38.2-1910","catch_line":"Disapproval of rates","url":"\/38.2-1910\/","token":"38.2\/19\/38.2-1910","metadata":false},{"id":63878,"structure_id":13456,"section_number":"38.2-1911","catch_line":"Special restrictions on individual insurers","url":"\/38.2-1911\/","token":"38.2\/19\/38.2-1911","metadata":false},{"id":77322,"structure_id":13456,"section_number":"38.2-1912","catch_line":"Delayed effect of rates; certification of reinsurance with affiliated company","url":"\/38.2-1912\/","token":"38.2\/19\/38.2-1912","metadata":false},{"id":76016,"structure_id":13456,"section_number":"38.2-1912.1","catch_line":"Approval of prospective loss costs and supplementary rate information; \u00a7 38.2-119 rate filings","url":"\/38.2-1912.1\/","token":"38.2\/19\/38.2-1912.1","metadata":false},{"id":73514,"structure_id":13456,"section_number":"38.2-1913","catch_line":"Operation and control of rate service organizations","url":"\/38.2-1913\/","token":"38.2\/19\/38.2-1913","metadata":false},{"id":68776,"structure_id":13456,"section_number":"38.2-1914","catch_line":"Licensing of rate service organizations","url":"\/38.2-1914\/","token":"38.2\/19\/38.2-1914","metadata":false},{"id":77780,"structure_id":13456,"section_number":"38.2-1915","catch_line":"Joint underwriting or joint reinsurance organizations","url":"\/38.2-1915\/","token":"38.2\/19\/38.2-1915","metadata":false},{"id":82148,"structure_id":13456,"section_number":"38.2-1916","catch_line":"Certain conduct by insurers and rate service organizations prohibited","url":"\/38.2-1916\/","token":"38.2\/19\/38.2-1916","metadata":false},{"id":75759,"structure_id":13456,"section_number":"38.2-1916.1","catch_line":"Investigation by Attorney General of suspected violations; investigative demand to witnesses; access to business records, etc.; penalties","url":"\/38.2-1916.1\/","token":"38.2\/19\/38.2-1916.1","metadata":false},{"id":54431,"structure_id":13456,"section_number":"38.2-1916.2","catch_line":"Penalties; injunctive relief; restitution","url":"\/38.2-1916.2\/","token":"38.2\/19\/38.2-1916.2","metadata":false},{"id":64311,"structure_id":13456,"section_number":"38.2-1917","catch_line":"Injunctive relief","url":"\/38.2-1917\/","token":"38.2\/19\/38.2-1917","metadata":false},{"id":64825,"structure_id":13456,"section_number":"38.2-1918","catch_line":"Agreements for equitable apportionment of insurance","url":"\/38.2-1918\/","token":"38.2\/19\/38.2-1918","metadata":false},{"id":62231,"structure_id":13456,"section_number":"38.2-1919","catch_line":"Collection of experience data; uniformity; compilations available to insurers and rate service organizations","url":"\/38.2-1919\/","token":"38.2\/19\/38.2-1919","metadata":false},{"id":72323,"structure_id":13456,"section_number":"38.2-1919.1","catch_line":"Interchange of rating data and information","url":"\/38.2-1919.1\/","token":"38.2\/19\/38.2-1919.1","metadata":false},{"id":60173,"structure_id":13456,"section_number":"38.2-1920","catch_line":"Excess rate for a specific risk","url":"\/38.2-1920\/","token":"38.2\/19\/38.2-1920","metadata":false},{"id":81510,"structure_id":13456,"section_number":"38.2-1921","catch_line":"Combination policies","url":"\/38.2-1921\/","token":"38.2\/19\/38.2-1921","metadata":false},{"id":61464,"structure_id":13456,"section_number":"38.2-1921.1","catch_line":"Professional employer organization workers' compensation rating","url":"\/38.2-1921.1\/","token":"38.2\/19\/38.2-1921.1","metadata":false},{"id":54416,"structure_id":13456,"section_number":"38.2-1922","catch_line":"No rule prohibiting or regulating payment of dividends, etc., to be adopted","url":"\/38.2-1922\/","token":"38.2\/19\/38.2-1922","metadata":false},{"id":73419,"structure_id":13456,"section_number":"38.2-1923","catch_line":"Person aggrieved by application of rating system to be heard; appeal to Commission","url":"\/38.2-1923\/","token":"38.2\/19\/38.2-1923","metadata":false},{"id":56103,"structure_id":13456,"section_number":"38.2-1924","catch_line":"Cooperation among rate service organizations, or among rate service organizations and insurers, authorized; review by Commission","url":"\/38.2-1924\/","token":"38.2\/19\/38.2-1924","metadata":false},{"id":77979,"structure_id":13456,"section_number":"38.2-1925","catch_line":"Examination of rate service organizations and joint underwriting and joint reinsurance organizations","url":"\/38.2-1925\/","token":"38.2\/19\/38.2-1925","metadata":false},{"id":67284,"structure_id":13456,"section_number":"38.2-1926","catch_line":"Action of Commission upon request for hearing on order or decision made without a hearing","url":"\/38.2-1926\/","token":"38.2\/19\/38.2-1926","metadata":false},{"id":62597,"structure_id":13456,"section_number":"38.2-1927","catch_line":"Withholding information; giving false or misleading information","url":"\/38.2-1927\/","token":"38.2\/19\/38.2-1927","metadata":false},{"id":73884,"structure_id":13456,"section_number":"38.2-1928","catch_line":"Violations of chapter","url":"\/38.2-1928\/","token":"38.2\/19\/38.2-1928","metadata":false}],"previous_section":{"id":76329,"structure_id":13456,"section_number":"38.2-1909","catch_line":"Review of rates by Commission","url":"\/38.2-1909\/","token":"38.2\/19\/38.2-1909","metadata":false},"next_section":{"id":63878,"structure_id":13456,"section_number":"38.2-1911","catch_line":"Special restrictions on individual insurers","url":"\/38.2-1911\/","token":"38.2\/19\/38.2-1911","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1910\/","history_text":"<p>This law was first created in 1973. The record of its establishment is cataloged in chapter 504 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 276; in 1986, chapter 562; in 1987, chapter 697; in 1990, chapters 290 and 597.<\/p>","references":false,"refers_to":[{"id":68129,"section_number":"38.2-1904","catch_line":"Rate standards","order_by":null,"url":"\/38.2-1904\/"},{"id":76329,"section_number":"38.2-1909","catch_line":"Review of rates by Commission","order_by":null,"url":"\/38.2-1909\/"},{"id":82148,"section_number":"38.2-1916","catch_line":"Certain conduct by insurers and rate service organizations prohibited","order_by":null,"url":"\/38.2-1916\/"}],"permalink":{"id":212999,"object_type":"law","relational_id":64325,"identifier":"38.2-1910","token":"38.2\/19\/38.2-1910","url":"\/38.2-1910\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1910\/","token":"38.2\/19\/38.2-1910","dublin_core":{"Title":"Disapproval of rates","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1910","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the <span class=\"dictionary\">Commission<\/span> finds, after providing notice and opportunity to be heard, that a <span class=\"dictionary\">rate<\/span> is not in compliance with &#xA7; <a class=\"law\" title=\"Rate standards\" href=\"\/38.2-1904\/\">38.2-1904<\/a>, or is in violation of &#xA7; <a class=\"law\" title=\"Certain conduct by insurers and rate service organizations prohibited\" href=\"\/38.2-1916\/\">38.2-1916<\/a>, the <span class=\"dictionary\">Commission<\/span> shall <span class=\"dictionary\">order<\/span> that use of the <span class=\"dictionary\">rate<\/span> be discontinued for any policy issued or renewed after a date specified in the <span class=\"dictionary\">order<\/span>. The <span class=\"dictionary\">order<\/span> may provide for <span class=\"dictionary\">rate<\/span> modifications. The <span class=\"dictionary\">order<\/span> may also provide for refund of the excessive portion of premiums collected (i) during a period not exceeding one year prior to the date of any request or <span class=\"dictionary\">motion<\/span> for review made pursuant to &#xA7; <a class=\"law\" title=\"Review of rates by Commission\" href=\"\/38.2-1909\/\">38.2-1909<\/a> and (ii) during all periods subsequent to any such request or <span class=\"dictionary\">motion<\/span> until the date of the <span class=\"dictionary\">order<\/span>. If a refund is ordered, the <span class=\"dictionary\">order<\/span> may provide for the payment of interest thereon at a <span class=\"dictionary\">rate<\/span> set by the <span class=\"dictionary\">Commission<\/span>. Except as provided in subsection B of this section, the <span class=\"dictionary\">order<\/span> shall be issued within thirty days after the close of the <span class=\"dictionary\">hearing<\/span> or within another reasonable time extension fixed by the <span class=\"dictionary\">Commission<\/span>. <a id=\"paragraph-234111\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1910\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Pending a <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">Commission<\/span> may <span class=\"dictionary\">order<\/span> the suspension prospectively of a <span class=\"dictionary\">rate<\/span> filed by an <span class=\"dictionary\">insurer<\/span> and reimpose the last previous <span class=\"dictionary\">rate<\/span> in effect if the <span class=\"dictionary\">Commission<\/span> has reasonable cause to believe that: (i) a reasonable degree of competition does not exist in the area with respect to the <span class=\"dictionary\">classification<\/span> to which the <span class=\"dictionary\">rate<\/span> applies, (ii) the filed <span class=\"dictionary\">rate<\/span> will have the effect of destroying competition or creating a monopoly, (iii) use of the <span class=\"dictionary\">rate<\/span> will endanger the solvency of the <span class=\"dictionary\">insurer<\/span>, or (iv) Virginia loss experience and other factors specifically applicable to the Commonwealth have not been properly used to determine the <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span>. If the <span class=\"dictionary\">Commission<\/span> suspends a <span class=\"dictionary\">rate<\/span> under this provision, it shall hold a <span class=\"dictionary\">hearing<\/span> within fifteen business days after issuing the <span class=\"dictionary\">order<\/span> suspending the <span class=\"dictionary\">rate<\/span> unless the right to a <span class=\"dictionary\">hearing<\/span> is waived by the <span class=\"dictionary\">insurer<\/span>. In addition, the <span class=\"dictionary\">Commission<\/span> shall make its determination and <span class=\"dictionary\">issue<\/span> its <span class=\"dictionary\">order<\/span> as to whether the <span class=\"dictionary\">rate<\/span> shall be disapproved within fifteen business days after the close of the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-234112\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1910\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> At any <span class=\"dictionary\">hearing<\/span> held under the provisions of subsection A or B of this section, the <span class=\"dictionary\">insurer<\/span> shall have the burden of justifying the <span class=\"dictionary\">rate<\/span> in question. All determinations of the <span class=\"dictionary\">Commission<\/span> shall be on the basis of <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">fact<\/span> and conclusions of <span class=\"dictionary\">law<\/span>. If the <span class=\"dictionary\">Commission<\/span> disapproves a <span class=\"dictionary\">rate<\/span>, the disapproval shall take effect not less than fifteen days after its <span class=\"dictionary\">order<\/span> and the last previous <span class=\"dictionary\">rate<\/span> in effect for the <span class=\"dictionary\">insurer<\/span> shall be reimposed for a period of one year unless the <span class=\"dictionary\">Commission<\/span> approves a substitute or interim <span class=\"dictionary\">rate<\/span> under the provisions of subsection D or E of this section. <a id=\"paragraph-234113\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1910\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For one year after the effective date of a disapproval <span class=\"dictionary\">order<\/span>, no <span class=\"dictionary\">rate<\/span> promulgated to replace a <span class=\"dictionary\">rate<\/span> disapproved under the <span class=\"dictionary\">order<\/span> may be used until it has been filed with the <span class=\"dictionary\">Commission<\/span> and not disapproved within sixty days after filing. <a id=\"paragraph-234114\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1910\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Whenever an <span class=\"dictionary\">insurer<\/span> has no legally effective <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> as a result of the <span class=\"dictionary\">Commission<\/span>&#8217;s disapproval of <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> or other act, the <span class=\"dictionary\">Commission<\/span> shall, on the <span class=\"dictionary\">insurer<\/span>&#8217;s request, specify interim <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> for the <span class=\"dictionary\">insurer<\/span> that are high enough to protect the interests of all parties. The <span class=\"dictionary\">Commission<\/span> may <span class=\"dictionary\">order<\/span> that a specified portion of the premiums be placed in an escrow account approved by it. When new <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> become legally effective, the <span class=\"dictionary\">Commission<\/span> shall <span class=\"dictionary\">order<\/span> the escrowed funds or any overcharge in the interim <span class=\"dictionary\"><span class=\"dictionary\">rates<\/span><\/span> to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required. <a id=\"paragraph-234115\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1910\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISAPPROVAL OF RATES (\u00a7 38.2-1910)\n\nA. If the Commission finds, after providing notice and opportunity to be heard,\nthat a rate is not in compliance with &#xA7; 38.2-1904, or is in violation of\n&#xA7; 38.2-1916, the Commission shall order that use of the rate be\ndiscontinued for any policy issued or renewed after a date specified in the\norder. The order may provide for rate modifications. The order may also provide\nfor refund of the excessive portion of premiums collected (i) during a period\nnot exceeding one year prior to the date of any request or motion for review\nmade pursuant to &#xA7; 38.2-1909 and (ii) during all periods subsequent to any\nsuch request or motion until the date of the order. If a refund is ordered, the\norder may provide for the payment of interest thereon at a rate set by the\nCommission. Except as provided in subsection B of this section, the order shall\nbe issued within thirty days after the close of the hearing or within another\nreasonable time extension fixed by the Commission.\n\nB. Pending a hearing, the Commission may order the suspension prospectively of a\nrate filed by an insurer and reimpose the last previous rate in effect if the\nCommission has reasonable cause to believe that: (i) a reasonable degree of\ncompetition does not exist in the area with respect to the classification to\nwhich the rate applies, (ii) the filed rate will have the effect of destroying\ncompetition or creating a monopoly, (iii) use of the rate will endanger the\nsolvency of the insurer, or (iv) Virginia loss experience and other factors\nspecifically applicable to the Commonwealth have not been properly used to\ndetermine the rates. If the Commission suspends a rate under this provision, it\nshall hold a hearing within fifteen business days after issuing the order\nsuspending the rate unless the right to a hearing is waived by the insurer. In\naddition, the Commission shall make its determination and issue its order as to\nwhether the rate shall be disapproved within fifteen business days after the\nclose of the hearing.\n\nC. At any hearing held under the provisions of subsection A or B of this\nsection, the insurer shall have the burden of justifying the rate in question.\nAll determinations of the Commission shall be on the basis of findings of fact\nand conclusions of law. If the Commission disapproves a rate, the disapproval\nshall take effect not less than fifteen days after its order and the last\nprevious rate in effect for the insurer shall be reimposed for a period of one\nyear unless the Commission approves a substitute or interim rate under the\nprovisions of subsection D or E of this section.\n\nD. For one year after the effective date of a disapproval order, no rate\npromulgated to replace a rate disapproved under the order may be used until it\nhas been filed with the Commission and not disapproved within sixty days after\nfiling.\n\nE. Whenever an insurer has no legally effective rates as a result of the\nCommission&#8217;s disapproval of rates or other act, the Commission shall, on\nthe insurer&#8217;s request, specify interim rates for the insurer that are high\nenough to protect the interests of all parties. The Commission may order that a\nspecified portion of the premiums be placed in an escrow account approved by it.\nWhen new rates become legally effective, the Commission shall order the escrowed\nfunds or any overcharge in the interim rates to be distributed appropriately,\nexcept that refunds to policyholders that are de minimis shall not be required.\n\nHISTORY: 1973, c. 504, \u00a7 38.1-279.38; 1976, c. 276; 1986, c. 562; 1987, c. 697;\n1990, cc. 290, 597.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}