Section 2338. Appeal from rate service organization action

(a) This section
  shall  apply  only to kinds of insurance the rates for which are subject
  to prior approval pursuant to subsection (b)  of  section  two  thousand
  three hundred five of this article.
    (b)  Any  member  of  or subscriber to a rate service organization may
  appeal to the superintendent from the action or  decision  of  the  rate
  service organization in approving or rejecting any proposed change in or
  addition  to  its  filings. The superintendent, within thirty days after
  the filing of such appeal, shall hold a hearing upon not less  than  ten
  days'   written  notice  to  the  appellant  and  to  the  rate  service
  organization. After the hearing the superintendent shall issue an  order
  approving  the  action  or  decision of the rate service organization or
  directing it to give further consideration to such proposal, or, if such
  appeal is from the action or decision of the rate  service  organization
  in rejecting a proposed addition to its filings, he may, in the event he
  finds  that  such  action  or  decision was unreasonable, issue an order
  directing the rate service organization  to  make  an  addition  to  its
  filings,  on  behalf  of  its  members  and  subscribers,  in  a  manner
  consistent with  his  findings,  within  a  reasonable  time  after  the
  issuance of such order.
    (c)  If  the  appeal  is  based  upon  the failure of the rate service
  organization to make a filing on behalf of  such  member  or  subscriber
  which  is  based  on  a  system  of expense provisions which differs, in
  accordance with the right granted  in  subsection  (d)  of  section  two
  thousand  three hundred four of this article, from the system of expense
  provisions included in a filing made by the rate  service  organization,
  the  superintendent  shall,  if  he  grants  the  appeal, order the rate
  service organization to  make  the  requested  filing  for  use  by  the
  appellant.  In  deciding  the  appeal the superintendent shall apply the
  standards set forth in section two thousand three hundred three of  this
  article.