reglab/housing_qa huggingface dataset:
MT Code § 33-16-402 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 4. Rating Organizations|33-16-402. Evidence prerequisite to license

  33-16-402. Evidence prerequisite to license. To obtain and retain a license, a rating organization shall provide satisfactory evidence to the commissioner that it will:   (1) permit any admitted insurer to become a member of or a subscriber to such rating organization at a reasonable cost and without discrimination or withdraw therefrom;   (2) neither have nor adopt any rule or exact any agreement, the effect of which would be to require any member or subscriber, as a condition to membership or subscribership, to adhere to its rates, rating plans, rating systems, underwriting rules, or policy or bond forms;   (3) neither adopt any rule nor exact any agreement, the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;   (4) neither practice nor sanction any plan or act of boycott, coercion, or intimidation;   (5) neither enter into nor sanction any contract or act by which any person is restrained from lawfully engaging in the insurance business;   (6) notify the commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and of its bylaws and rules governing the conduct of its business; its list of members and subscribers; and the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such organization may be served;   (7) comply with the provisions of 33-16-105 and 33-16-203.   History: En. Sec. 15, Ch. 362, L. 1969; R.C.M. 1947, 40-3648.
MT Code § 33-16-403 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 4. Rating Organizations|33-16-403. Examination of application and investigation of applicant -- issuance of license -- fee

  33-16-403. Examination of application and investigation of applicant -- issuance of license -- fee. (1) The commissioner shall examine each application for a license to act as a rating or advisory organization pursuant to this part or a workers' compensation advisory organization pursuant to part 10 and the documents filed with the application and may make a further investigation of the applicant, its affairs, and its proposed plan of business as the commissioner considers appropriate.   (2) The commissioner shall issue the license applied for within 60 days of its filing if, from the examination and investigation, the commissioner is satisfied that:   (a) the business reputation of the applicant and its officers is good;   (b) the facilities of the applicant are adequate to enable it to furnish the services it proposes to furnish; and   (c) the applicant and its proposed plan of operation conform to the requirements of this chapter.   (3) Otherwise, but only after a hearing upon notice, the commissioner shall, in writing, deny the application and notify the applicant of the decision and the reasons for the denial.   (4) The commissioner may grant an application in part only and issue a license to act as a rating, advisory, or workers' compensation advisory organization for one or more of the classes of insurance or subdivisions of the classes of insurance or class of risk, or a part or combination of a class of risk as are specified in the application, if the applicant qualifies for only a portion of the classes applied for.   (5) (a) Except as provided in subsection (5)(b), licenses issued pursuant to this section remain in effect until revoked as provided in this chapter. The fee for the license is $100 annually and must be deposited in the state special revenue fund to the credit of the state auditor's office.   (b) Each workers' compensation advisory organization is required to renew its license annually.   History: En. Sec. 16, Ch. 362, L. 1969; amd. Sec. 1, Ch. 206, L. 1973; R.C.M. 1947, 40-3649; amd. Sec. 20, Ch. 186, L. 1995; amd. Sec. 43, Ch. 227, L. 2001; amd. Sec. 19, Ch. 380, L. 2003.
MT Code § 33-16-404 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 4. Rating Organizations|33-16-404. Rules governing eligibility for membership

  33-16-404. Rules governing eligibility for membership. Subject to the approval of the commissioner, licensed rating organizations may make reasonable rules governing eligibility for membership.   History: En. Sec. 17, Ch. 362, L. 1969; R.C.M. 1947, 40-3650.
MT Code § 33-16-405 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 4. Rating Organizations|33-16-405. Insurers with common ownership or management

  33-16-405. Insurers with common ownership or management. If two or more insurers having a common ownership or operating in this state under common management are admitted for the classes or types of insurance for which a rating organization is licensed to make rates, the rating organization may require as a condition to membership or subscribership of one or more that all such insurers shall become members or subscribers.   History: En. Sec. 18, Ch. 362, L. 1969; R.C.M. 1947, 40-3651.
MT Code § 33-16-1001 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1001. Declaration of policy and purpose

  33-16-1001. Declaration of policy and purpose. (1) It is declared that the public welfare is served by the making of advisory premium rates for workers' compensation insurance coverage in concert.   (2) It is the purpose of this part to:   (a) authorize such ratemaking in concert and the operating of rating organizations thereto; and   (b) establish the general bases and standards for the making of such rates.   History: En. Sec. 1, Ch. 329, L. 1969; amd. Sec. 3, Ch. 558, L. 1977; R.C.M. 1947, 40-5601.
MT Code § 33-16-1002 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1002. Applicability of part

  33-16-1002. Applicability of part. This part, together and in conjunction with parts 1 through 4 of this chapter, applies to the making of premium rates for workers' compensation insurance issued under compensation plan No. 2 and plan No. 3 of the Workers' Compensation Act, Title 39, chapter 71, part 22 and part 23, respectively, or related employer's liability insurance, but does not apply to reinsurance.   History: En. Sec. 2, Ch. 329, L. 1969; amd. Sec. 4, Ch. 558, L. 1977; R.C.M. 1947, 40-5602; amd. Sec. 21, Ch. 186, L. 1995; amd. Sec. 8, Ch. 320, L. 2015.
MT Code § 33-16-1003 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1003. Certain reciprocal insurers excluded

  33-16-1003. Certain reciprocal insurers excluded. This part shall not apply as to any reciprocal insurer transacting workers' compensation insurance only and insuring solely the hazards or perils of its subscribers exclusively associated with a single industry.   History: En. Sec. 3, Ch. 329, L. 1969; R.C.M. 1947, 40-5603.
MT Code § 33-16-1004 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1004. Repealed

  33-16-1004. Repealed. Sec. 29, Ch. 186, L. 1995.   History: En. Secs. 4, 5, 6, Ch. 329, L. 1969; R.C.M. 1947, 40-5604, 40-5605, 40-5606; amd. Sec. 1, Ch. 480, L. 1991.
MT Code § 33-16-1005 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1005. Repealed

  33-16-1005. Repealed. Sec. 29, Ch. 186, L. 1995.   History: En. Sec. 16, Ch. 329, L. 1969; amd. Sec. 5, Ch. 558, L. 1977; R.C.M. 1947, 40-5616; amd. Sec. 3, Ch. 232, L. 1987; amd. Sec. 53, Ch. 613, L. 1989; amd. Sec. 14, Ch. 630, L. 1993.
MT Code § 33-16-1006 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1006. Repealed

  33-16-1006. Repealed. Sec. 5, Ch. 114, L. 1981.   History: En. Sec. 17, Ch. 329, L. 1969; R.C.M. 1947, 40-5617.
MT Code § 33-16-1007 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1007. Renumbered 33-16-1011

  33-16-1007. Renumbered 33-16-1011. Code Commissioner, 1981.
MT Code § 33-16-1009 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1009. and 33-16-1010 reserved

  33-16-1009 and 33-16-1010 reserved.
MT Code § 33-16-1011 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1011. Classification review committee -- membership -- term

  33-16-1011. Classification review committee -- membership -- term. (1) There is a classification review committee.   (2) The committee is composed of five voting members, consisting of:   (a) two representatives of private insurance carriers writing workers' compensation insurance in Montana. The members must be appointed by the Montana commissioner of insurance.   (b) one licensed independent insurance producer who resides in Montana, appointed by the commissioner of insurance;   (c) one representative of the state compensation insurance fund who is an employee of the state fund and who is appointed by the executive director of the state fund; and   (d) one representative of an employer who is insured by either a private insurance carrier or the state compensation insurance fund, appointed by the commissioner of insurance.   (3) Each member shall hold office for a period of 3 years. An appointee who fills the vacancy of a member whose term has not expired shall fill only the remaining term and may be reappointed for a full term.   (4) Before appointments are to be made by the commissioner of insurance under subsections (2)(a), (2)(b), and (2)(d), established private organizations representing insurance carriers, independent insurance producers, and employers may submit names of individuals they recommend for appointments. The commissioner of insurance shall consider the names submitted before appointments are made. However, the commissioner of insurance is not required to appoint any person from the names submitted.   (5) The committee must be staffed by the advisory organization designated under 33-16-1023 and be funded by the advisory organization. Committee members may, if they request, be paid their actual and necessary travel expenses.   (6) Documents and other information concerning the committee's actions must be made available for public review in the office of the commissioner of insurance.   History: En. Sec. 18, Ch. 329, L. 1969; amd. Sec. 6, Ch. 558, L. 1977; R.C.M. 1947, 40-5618; amd. Sec. 1, Ch. 114, L. 1981; MCA 1979, 33-16-1007; redes. 33-16-1011 by Code Commissioner, 1981; amd. Sec. 54, Ch. 613, L. 1989; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 528, L. 1993; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 22, Ch. 186, L. 1995; amd. Sec. 2, Ch. 290, L. 1995.
MT Code § 33-16-1013 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1013. through 33-16-1019 reserved

  33-16-1013 through 33-16-1019 reserved.
MT Code § 33-16-1020 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1020. Competitive market -- hearing

  33-16-1020. Competitive market -- hearing. (1) A competitive market is presumed to exist unless the commissioner, after hearing, issues an order stating that a reasonable degree of competition does not exist in the market. The order may not expire later than 1 year after issuance.   (2) In determining whether a reasonable degree of competition exists, the commissioner shall consider the following factors:   (a) the number of insurers actively engaged in providing coverage;   (b) market shares and changes in market shares;   (c) ease of entry into the market;   (d) market concentration among plan No. 2 insurers as measured by the Herfindahl-Hirschman index;   (e) whether long-term profitability for insurers in the market is unreasonably high in relation to the risks being insured;   (f) whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risks; and   (g) generally accepted and relevant tests relating to competitive market structure, market performance, and market conduct.   (3) The workers' compensation insurance market may not be determined to be noncompetitive if the market concentration of the 50 largest insurers writing workers' compensation insurance under plan No. 2 satisfied the U.S. department of justice merger guidelines for an unconcentrated market.   (4) The commissioner's determinations must be made on the basis of findings of fact and conclusions of law.   History: En. Sec. 2, Ch. 186, L. 1995.
MT Code § 33-16-1022 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1022. Dividends -- regulation or prohibition

  33-16-1022. Dividends -- regulation or prohibition. (1) An advisory organization may not adopt a rule that would regulate or prohibit the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.   (2) A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers is not a rating plan or system. A plan for the payment of dividends, savings, or unabsorbed premium deposits does not relieve an insurer from complying with any requirement of this chapter regarding rating plans or systems.   (3) It is an unfair trade practice under 33-18-1003 to make the payment of a dividend or any portion of it conditioned upon renewal of the policy or contract.   History: En. Sec. 4, Ch. 186, L. 1995; amd. Sec. 30, Ch. 472, L. 1999.
MT Code § 33-16-1023 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1023. Membership in advisory organization

  33-16-1023. Membership in advisory organization. (1) The commissioner shall designate one workers' compensation advisory organization to assist the commissioner in gathering, compiling, and reporting relevant statistical information. Each workers' compensation insurer shall record and report its workers' compensation experience to the designated advisory organization as set forth in the uniform statistical plan approved by the commissioner.   (2) Each workers' compensation insurer must be a member or subscriber of the designated workers' compensation advisory organization. Each workers' compensation insurer may adhere to the policy forms filed by the advisory organization.   (3) Each workers' compensation insurer shall adhere to a uniform classification system and uniform experience rating plan that has been filed by the designated advisory organization with the commissioner and approved by the commissioner.   (4) Each workers' compensation insurer shall use the forms and adhere to the rules that the designated advisory organization shall develop and file with the commissioner. The forms and rules must be reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, the uniform experience rating plan, and the uniform classification system.   (5) The methodology of the experience rating plan required under subsection (3) must be based on:   (a) reasonable eligibility standards;   (b) incentives for loss prevention; and   (c) a premium differential to encourage safety.   (6) The designated advisory organization or an insurer may file rating plans with the commissioner that provide for prospective or retrospective premium adjustment based on an insured's expected or actual loss experience, including but not limited to scheduled rating adjustments, retrospective rating plans, optional deductible plans under 39-71-435, a construction industry premium credit plan under 39-71-2211, or other plans as authorized by statute or approved by the commissioner.   History: En. Sec. 5, Ch. 186, L. 1995.
MT Code § 33-16-1024 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1024. Repealed

  33-16-1024. Repealed. Sec. 22, Ch. 320, L. 2015.   History: En. Sec. 6, Ch. 186, L. 1995; amd. Sec. 5, Ch. 276, L. 1997.
MT Code § 33-16-1025 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1025. Interchange of rating plan -- data exchange -- cooperative action in ratemaking -- violation of part

  33-16-1025. Interchange of rating plan -- data exchange -- cooperative action in ratemaking -- violation of part. (1) Reasonable rules and plans may be adopted by the commissioner for the interchange of data necessary for the application of rating plans.   (2) To ensure conformity in administering rate regulatory laws, the commissioner, each insurer, and the advisory organization designated by the commissioner may exchange information and experience data with insurance regulatory officials, insurers, and advisory organizations in other states and may consult with them with respect to ratemaking and the application of rating systems.   (3) Cooperation among advisory organizations or among insurers and advisory organizations in ratemaking or in other matters within the scope of this part is authorized, but the filings resulting from the cooperation are subject to all provisions of this part.   (4) The commissioner may review the cooperative activities and practices. If, after hearing, any cooperative activity or practice is found to violate the provisions of this part, a written order may be issued specifying that the activity or practice violates the provision of this part and requiring the discontinuance of the activity or practice.   History: En. Sec. 7, Ch. 186, L. 1995.
MT Code § 33-16-1026 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1026. Rate filings

  33-16-1026. Rate filings. (1) A workers' compensation advisory organization shall file with the commissioner:   (a) workers' compensation rates and rating plans that are limited to prospective loss costs;   (b) each workers' compensation policy form to be used by its members or subscribers;   (c) the uniform classification plan and rules of the advisory organization;   (d) the uniform experience rating plan and rules of the advisory organization; and   (e) any other information that the commissioner requests and is entitled to receive under this part.   (2) Each insurer shall file with the commissioner all rates, supplementary rate information, and any changes and amendments made by it for use in this state as required by the commissioner under 33-16-1027(2).   (3) An insurer may establish rates and supplementary rate information based upon the factors in 33-16-1021. An insurer may adopt by reference, with or without deviation, the prospective loss costs filed by the advisory organization designated under 33-16-1023 or the rates and supplementary rate information filed by another insurer.   (4) An insurer may not make or issue a contract or policy of insurance under this part, except in accordance with the filings that are in effect for the insurer as provided in this part.   (5) In addition to other prohibitions in this part, an advisory organization may not file rates, supplementary rate information, or supporting information on behalf of an insurer.   (6) If each rate in a schedule of workers' compensation rates for specific classifications of risks filed by an insurer is not lower than the prospective loss costs contained in the schedule of workers' compensation rates for those classifications filed by the designated advisory organization under subsection (1), the schedule of rates filed by the insurer is not subject to 33-16-1027(1) but becomes effective upon filing.   History: En. Sec. 8, Ch. 186, L. 1995; amd. Sec. 146, Ch. 42, L. 1997.
MT Code § 33-16-1027 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 10. Workers' Compensation Rates and Advisory Organizations|33-16-1027. Rate filing review

  33-16-1027. Rate filing review. (1) The commissioner shall review each insurance filing to ensure compliance with the following guidelines:   (a) The effective date of each workers' compensation insurer or advisory organization filing must be the date specified in the filing. The effective date of the filing may not be earlier than 30 days after the date on which the filing is received by the commissioner or the date of receipt of the information furnished in support of the filing, if the supporting information is required by the commissioner.   (b) Upon written application of the insurer or advisory organization, the commissioner may authorize a filing that becomes effective before the expiration of the period described in subsection (1)(a).   (c) A filing is considered to have met the requirements of this part unless disapproved by the commissioner within the period described in subsection (1)(a) or any extension of the period.   (2) Whenever a filing is not accompanied by the information required under this section, the commissioner shall inform the filer of the deficiency within 30 days of the initial filing. The filing is considered made when the required information is furnished or when the filer certifies to the commissioner that the additional information requested by the commissioner is not maintained or cannot be provided.   History: En. Sec. 9, Ch. 186, L. 1995; amd. Sec. 23, Ch. 531, L. 1997.