41-1621. APPEAL BY MINORITY. (1) Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization and the director shall, after a hearing held upon notice to the appellant and to the rating organization in accordance with chapter 2, title 41, Idaho Code, issue an order approving the action or decision of the rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
(2) If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in section 41-1603(2), Idaho Code, from the system of expense provisions included in a filing made by the rating organization, the director shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the director shall apply the standards set forth in sections 41-1603 and 41-1604, Idaho Code.
History:
[41-1621, added 1969, ch. 306, sec. 21, p. 917; am. 2005, ch. 77, sec. 20, p. 268.]
Structure Idaho Code
Chapter 16 - WORKER’S COMPENSATION RATES
Section 41-1601 - SCOPE OF CHAPTER.
Section 41-1602 - DECLARATION OF POLICY — PURPOSE.
Section 41-1603 - RATE-MAKING FACTORS.
Section 41-1604 - RATE STANDARD.
Section 41-1606 - RATE FILINGS REQUIRED.
Section 41-1607 - EXEMPTION FROM FILING.
Section 41-1608 - EFFECTIVE DATE OF FILING.
Section 41-1609 - DISAPPROVAL OF FILING WITHIN THE WAITING PERIOD.
Section 41-1610 - SUBSEQUENT DISAPPROVAL OF FILING.
Section 41-1611 - SCOPE OF DISAPPROVAL POWER.
Section 41-1612 - ADHERENCE TO FILINGS.
Section 41-1613 - EXCESS RATES.
Section 41-1615 - RATING ORGANIZATION MEMBERSHIP REQUIRED.
Section 41-1616 - RATING ORGANIZATION MINIMUM MEMBERSHIP.
Section 41-1617 - RATING ORGANIZATION COMMITTEES.
Section 41-1619 - OTHER PROVISIONS APPLICABLE.
Section 41-1620 - RATING ORGANIZATIONS.
Section 41-1621 - APPEAL BY MINORITY.
Section 41-1622 - INFORMATION TO INSUREDS — REVIEW OF INSURED’S COMPLAINT.
Section 41-1623 - APPEAL FROM FILING.
Section 41-1624 - COOPERATION AMONG RATING ORGANIZATIONS AND INSURERS.