showing premiums and losses for a period of not less than five years next preceding such investigation, that the rates for any one or more Factors to be con- classes of risks are excessive, inadequate, or unreasonable. In deter- sideed. mining the necessity for an adjustment of rates, the Superintendent shall give consideration to all factors reasonably attributable to the risks, to the conflagration or catastrophe hazard, both within and with- out the District, and to a reasonable profit. The Superintendent is also empowered, after investigation, to order removed, at such time and in such manner as he shall specify, any unfair discrimination existing between individual risks or classes of risks. tedeal to Commis- Any person, firm, or corporation aggrieved by any order, ruling, ssproceeding, or aioners. on of the Superintendent or any person acting in his behalf and at his instance, may appeal to the Commissioners Appeal to court. of the District, or contest the validity of such order, ruling, pro- ceeding, or action in any court of competent jurisdiction by appeal or through any other appropriate proceedings, as provided under sections 44 and 45, chapter II, Public, Numbered 824, Seventy-sixth Congress, known as the Fire and Casualty Act, approved October 9, 1940 (54 Stat. 1082; D. C . Code, 1940 edition, title 35, secs. 1348 and 1349). rgationg brea SEC. 4. Within one hundred and twenty days after the approval poses,etc. of this Act and under the supervision of the Superintendent, the insurance companies authorized to effect insurance in the District against the risk of loss or damage by hazards within the scope of this Act shall organize a rating bureau for the purpose of adminis- tering rates for such insurance, and all such companies now or here- after authorized to transact such business in the District shall be members of such bureau. The government of the rating bureau shall be vested in its members and it shall not be subject to the direction or control of any other bureau, association, corporation, Powers. company, individual, or group of individuals. The rating bureau shall have power to establish reasonable agreements and bylaws for its governance, and shall be permitted to adopt reasonable rules and regulations necessary to carry out its functions. but such agreements, bylaws, rules, and regulations shall not be inconsistent with the provisions of this Act, and the same and amendments thereto shall exppenses. t °o be approved by the Superintendent before becoming effective. The rating bureau, subject to the approval of the Superintendent, shall apportion the expenses of its operation among its members in pro- portion to the premium income on risks in the District. toPreuimr ents. SEC. 5. No company, agent, or broker shall issue or deliver, or offer to issue or deliver, or knowingly permit the issuance or delivery of, any policy of insurance in the District which does not conform to the Deviations requirements approved by the Superintendent: Provided, however, That a company may deviate from such requirements if the company has filed with the rating bureau and with the Superintendent the deviation to be applied, and provided such deviation is approved by the Superintendent. If approved, the deviation shall remain in force for a period of one year from the date of approval by the Superin- tendent, unless such approval is withdrawn by the Superintendent for cause after notice to the insurer, or withdrawn by the insurer with the approval of the Superintendent. Excess rates. It is further provided that a rate in excess of that promulgated by the rating bureau may be charged, provided such higher rate is charged with the knowledge and written consent of the insured and the Superintendent. Ro SEC. 6. The ratingbureau shall keep a record of all rates, schedules, and proceedings. Every agent shall keep a record of every policy contract issued by or through his agency. PUBLIC LAWS-CH. 224-JUNE 1, 1944 [58 STAT. 268
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