215 ILCS 5/459
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXIX - Workers' Compensation And Employer's Liability Rates

 (from Ch. 73, par. 1065.6)Sec. 459.     Rating organizations.     (1) A corporation, an unincorporated association, a partnership or an  individual, whether located within or outside this state, may make  application to the Director for license as a rating organization for such  kinds of insurance or subdivisions thereof as are specified in its  application and shall file therewith (a) a copy of its constitution, its  articles of agreement or association or its certificate of incorporation,  and of its bylaws, rules and regulations governing the conduct of its  business, (b) a list of its members and subscribers, (c) the name and  address of a resident of this state upon whom notices or orders of the  Director or process affecting such rating organization may be served and  (d) a statement of its qualifications as a rating organization. If the  Director finds that the applicant is competent, trustworthy and otherwise  qualified to act as a rating organization and that its constitution,  articles of agreement or association or certificate of incorporation, and  its bylaws, rules and regulations governing the conduct of its business  conform to the requirements of law, he shall issue a license specifying the  kinds of insurance or subdivisions thereof for which the applicant is  authorized to act as a rating organization. Every such application shall be  granted or denied in whole or in part by the Director within sixty days of  the date of its filing with him. Licenses issued pursuant to this Section  shall remain in effect for three years unless sooner suspended or revoked  by the Director. The fee for said license shall be twenty-five dollars.  Licenses issued pursuant to this Section may be suspended or revoked by the  Director, after hearing upon notice, in the event the rating organization  ceases to meet the requirements of this subsection. Every rating  organization shall notify the Director promptly of every change in (a) its  constitution, its articles of agreement or association or its certificate  of incorporation, and its bylaws, rules and regulations governing the  conduct of its business, (b) its list of members and subscribers and (c)  the name and address of the resident of this state designated by it upon  whom notices or orders of the Director or process affecting such rating  organization may be served.(2) Subject to rules and regulations which have been approved by the  Director as reasonable, each rating organization shall permit any company,  not a member, to be a subscriber to its rating services for any kind of  insurance or subdivision thereof for which it is authorized to act as a  rating organization. Notice of proposed changes in such rules and  regulations shall be given to subscribers. Each rating organization shall  furnish its rating services without discrimination to its members and  subscribers. The reasonableness of any rule or regulation in its  application to subscribers, or the refusal of any rating organization to  admit a company as a subscriber, shall, at the request of any subscriber or  any such company, be reviewed by the Director at a hearing held upon at  least ten days' written notice to such rating organization and to such  subscriber or company. If the Director finds that such rule or regulation  is unreasonable in its application to subscribers, he shall order that such  rule or regulation shall not be applicable to subscribers. If the rating  organization fails to grant or reject a company's application for  subscribership within thirty days after it was made, the company may  request a review by the Director as if the application had been rejected.  If the Director finds that the company has been refused admittance to the  rating organization as a subscriber without justification, he shall order  the rating organization to admit the company as a subscriber. If he finds  that the action of the rating organization was justified, he shall make an  order affirming its action.(3) No rating organization shall adopt any rule the effect of which  would be to prohibit or regulate the payment of dividends, savings or  unabsorbed premium deposits allowed or returned by companies to their  policyholders, members or subscribers.(4) Cooperation among rating organizations or among rating organizations  and companies in matters within the scope of this  Article is hereby authorized, provided the filings resulting from such  cooperation are subject to all the provisions of this Article which are  applicable to filings generally. The Director may review such cooperative  activities and practices and if, after a hearing, he finds that any such  activity or practice is unfair or unreasonable or otherwise inconsistent  with the provisions of this Article, he may issue a written order  specifying in what respects such activity or practice is unfair or  unreasonable or otherwise inconsistent with the provisions of this Article,  and requiring the discontinuance of such activity or practice.(5) A rating organization may require members and subscribers to adhere  to a rate classification system, rating rules, rating plans, policy forms,  and underwriting rules or similar materials; however, no insurer may agree  with any other insurer or with a rating organization to adhere to or use  any rate or schedule rating plan. For the purposes of this Article, "rate"  means the charge for insurance per unit of exposure, prior to any application  of individual risk variations based on loss or expense considerations, or  a consideration of both, and does not include minimum premiums.(6) Two or more insurers having a common ownership or operating in this  State under common management or control may act in concert between or among  themselves with respect to those activities authorized in this Article as  if they were a single insurer.(7) The fact that 2 or more insurers consistently or intermittently  use the same rates is not sufficient in itself to support a finding that  an illegal agreement exists, and may be used only for the purpose of supplementing  or explaining other direct evidence of the existence of any such agreement.    (Source: P.A. 82-939.)