Where regulations within Article 4 of this title specify that the Commissioner calculate and publish values for use in review of rate applications, the values used shall be the most recently published values, provided that the values were published at least 45 days before the receipt of the rate application by the Department's Rate Filing Bureau. Otherwise, the values used shall be those published immediately prior to publication of the most recent values.

If the Commissioner does not publish the values required by these regulations within the prescribed time period, the Rate Filing Bureau and, if applicable, the Administrative Hearing Bureau shall review the application by performing the calculations in the manner set forth in these regulations. Values used by the Rate Filing Bureau shall be updated by the Administrative Hearing Bureau before the close of the evidentiary hearing if one year or more has passed since the application was received.