If a company proposes to write any type of coverage with rates other than those set forth in 23 CAR §§ 83-104 – 83-107, it may request the Insurance Commissioner to set a hearing to determine:

1. (1) If a public need exists for such coverage; and
2. (2) Through credible statistics, whether the proposed rate may be presumed to be reasonable for such coverage in relation to the benefits offered until the time that experience in accordance with 23 CAR § 83-104 indicates a different rate.