(2)__The carrier demonstrates in accordance with generally accepted actuarial principles and practices consistently applied that, as of a date no more than 210 days prior to the filing, the ratio of benefits incurred to premiums earned averages no less than 87.5% for the previous 12-month period.

F.__Any rate hearing conducted with respect to filings that meet the criteria in paragraph E is subject to this paragraph.

(1)__Any person requesting a hearing shall provide the superintendent with a written statement detailing the circumstances that justify a hearing, notwithstanding the satisfaction of the criteria in paragraph E.

(2)__If the superintendent decides to hold a hearing, the superintendent shall issue a written statement detailing the circumstances that justify a hearing, notwithstanding the satisfaction of the criteria in paragraph E.

(3)__In any hearing conducted under this subsection, the bureau and any party asserting that the rates are excessive have the burden of establishing that the rates are excessive.__The burden of proving that rates are adequate and not unfairly discriminatory remains with the carrier.

2-C.__Optional guaranteed loss ratio.__At the carrier's option, rate filings for a credible block of small group health plans may be filed in accordance with this subsection instead of subsection 2-B.__Rates filed in accordance with this subsection are filed for informational purposes.

A.__A block of small group health plans is deemed credible if the anticipated number of member months for which the rates will be in effect is at least 1,000 or if it meets credibility standards adopted by the superintendent by rule.__ The rate filing must state the anticipated number of