(2) The Director of the Department of Consumer and Business Services shall prescribe by rule a premium audit program system for workers’ compensation insurance.
(3) The premium audit system shall include provisions for:
(a) Employer education of the audit reporting function of the rating system;
(b) A continuing test audit program providing for auditing of all insurers;
(c) A continuous monitoring of the audit program system pursuant to ORS 737.235;
(d) An appeal process pursuant to ORS 737.505 for employers to question the results of a premium audit. This process must include written notification to the employer that is included in the final premium audit billing that informs the employer of appeal rights to the director under ORS 737.505, of the requirement that a written request to initiate an appeal must be received by the director not later than the 60th day after the employer receives the final premium audit billing and of any other information the director may request by rule; and
(e) Civil penalties pursuant to ORS 731.988 for violations of prescribed standards of the premium audit system.
(4) Notwithstanding ORS 737.505, the provisions of this section apply to all premium audit disputes between employers and insurers in existence on July 20, 1987, regardless of the policy year involved or the date of the final audit billing. [1987 c.884 §8; 1999 c.1020 §5]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 737 - Rates and Rating Organizations
Section 737.007 - "Rating organization" defined.
Section 737.017 - "Member," "subscriber" defined.
Section 737.025 - Purpose, intent of chapter.
Section 737.035 - Application of chapter.
Section 737.045 - Remedies of director for violations of chapter.
Section 737.207 - Commercial liability insurance rate filings; prior approval by director.
Section 737.209 - Hearing on rate filings under ORS 737.207; order; review.
Section 737.235 - Examining rating systems of insurers; costs.
Section 737.310 - Method of rate making; factors considered; rules.
Section 737.316 - Combining employers for workers’ compensation insurance; conditions.
Section 737.318 - Premium audit program for workers’ compensation insurance; rules; penalties.
Section 737.322 - Rating plan approval; rules; hearing on disapproval; costs.
Section 737.330 - Contracts to comply with effective filings; exception.
Section 737.336 - Disapproval of filings by director; noncompliance with chapter.
Section 737.350 - Application for license by rating organization.
Section 737.365 - Cooperative activities among rating organizations and insurers.
Section 737.505 - Insured entitled to rate information; remedies of aggrieved persons.
Section 737.526 - Interchange of data; rules; promoting uniformity of rating laws.
Section 737.560 - Rating organization membership.
Section 737.600 - Fictitious grouping for rate purposes prohibited; rules; exceptions.
Section 737.602 - Authorization for insurance for certain projects; premiums; qualifications.