(1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers’ compensation rating plans that include provisions allowing for reasonable retroactive application of experience rating modification factors. Nothing in this subsection affects retrospective rating plans.
(2) If the director disapproves a workers’ compensation rate or rating plan and the insurer or rating organization requests a hearing before the director, the burden of proof is upon the insurer or rating organization to prove that the filing meets the requirements of this chapter.
(3) If the director holds a hearing on an order disapproving a workers’ compensation rate, rating plan or rating system, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses. [1987 c.884 §49; 2007 c.275 §1]
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.