INCOMPLETE RATE FILINGS
§ 129.11. Additional information.
If, within the first 30 days following the receipt of a rate filing, the Department finds that without additional information it is unable to determine whether the filing meets the requirements of the applicable rate regulatory act, the insurer will be requested to submit the additional information within 30 days from the date of the request. Upon receipt of the information, the rate filing will be reviewed by the Department within the number of days which remain in the initial 30-day waiting period. In addition thereto, the Department may, by written notice, extend the initial 30-day waiting period for an additional period which will not exceed 30 days, in accordance with the provisions of the Fire, Marine and Inland Marine Rate Regulatory Act (40 P. S. § § 12211238) and the Casualty and Surety Rate Regulatory Act (40 P. S. § § 11811199).
Notes of Decisions
A Department letter in which it is stated that the Department has questions, comments, or requests which must be addressed in order to continue its review cannot be considered a request for additional information so as to trigger a deemed withdrawal. The Departments subsequent failure to timely disapprove a rate filing resulted in its deemed approval. Nationwide Mutual Insurance Co. v. Insurance Department, 583 A.2d 507 (Pa. Cmwlth. 1990).
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