reglab/housing_qa huggingface dataset:
MT Code § 33-16-1028 (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|33-16-1028. Improper rates -- hearing

  33-16-1028. Improper rates -- hearing. (1) If the commissioner finds that a rate is not in compliance with 33-16-1021 or that a rate has been set in violation of 33-16-1032, the commissioner shall order that its use be discontinued for any policy issued or renewed after the date of the order, and the order may prospectively provide for premium adjustment of any policy then in force.   (2) The order must be issued within 30 days after the close of a hearing, if one is requested by the insurer, or within a reasonable time fixed by the commissioner. The order expires 1 year after its effective date unless rescinded earlier by the commissioner.   (3) If the commissioner disapproves a rate under subsection (1), disapproval must take effect not less than 15 days after the commissioner's order and the last previous rate in effect for the insurer must be reimposed for a period of 1 year unless the commissioner approves a rate under the provisions of subsection (5) or (6).   (4) A determination made by the commissioner under this section must be in accordance with accepted actuarial standards on the basis of findings of fact and conclusions of law.   (5) For a period of 1 year after the effective date of a disapproval order under subsection (1), a rate adopted to replace one disapproved under the order may not be used until it has been filed with the commissioner and approved within 30 days.   (6) Whenever an insurer does not have legally effective rates pursuant to subsection (1), the commissioner shall, on the insurer's request, specify interim rates for the insurer that are adequate to protect the interests of all parties. The commissioner may order that a specified portion of the premiums be placed in a special reserve established by the insurer. When new rates become legally effective, the commissioner shall order the reserved funds or any overcharge in the interim rates to be distributed appropriately, except that minimal adjustments may not be required.   History: En. Sec. 10, Ch. 186, L. 1995.
MT Code § 33-16-1029 (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|33-16-1029. Restrictions on certain insurers -- waiting period

  33-16-1029. Restrictions on certain insurers -- waiting period. (1) The commissioner may require that a particular insurer file any of its rates and supplementary rate information 30 days prior to the effective date of the rates, if the commissioner finds after a hearing that the protection of the interests of the insurer's insureds and the public in this state requires closer supervision of the insurer's rates.   (2) Upon written application by an insurer, the commissioner, following review, may authorize a filing, which is effective before the expiration of the period described in subsection (1).   (3) The filing must be approved or disapproved during the waiting period and, if not disapproved before the expiration of the waiting period, is considered to have met the requirements of this section.   (4) An insurer aggrieved by the commissioner's actions under this section may request a rehearing by the commissioner after the expiration of 12 months from the date of the commissioner's initial order.   History: En. Sec. 11, Ch. 186, L. 1995.
MT Code § 33-16-1030 (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|33-16-1030. Delay of rates in noncompetitive market

  33-16-1030. Delay of rates in noncompetitive market. (1) A 30-day waiting period may be implemented or extended under one of the following circumstances:   (a) after finding that the market is not competitive under 33-16-1020, the commissioner adopts a rule requiring that any subsequent changes in rates or supplementary information must be filed with the commissioner at least 30 days before the changes become effective;   (b) the commissioner extends the waiting period under this section for a period not exceeding 30 additional days by written notice to the filer before the first 30-day period expires;   (c) upon written application by an insurer or advisory organization, the commissioner, following review, authorizes a filing, which becomes effective before the expiration of the period described in subsection (1)(a) or (1)(b); or   (d) the filing is approved or disapproved during the waiting period and, if not disapproved before the expiration of the waiting period, is considered to have met the requirements of this section.   (2) If a rule is adopted under subsection (1), the commissioner may require the filing of supporting data as to classes of risks or combinations of risk classes that the commissioner considers necessary for the proper functioning of the rate monitoring and regulating process. The supporting data must include:   (a) the experience and judgment of the filer and, to the extent that the filer wishes or the commissioner requires, the experience and judgment of other insurers or the advisory organization designated under 33-16-1023;   (b) the interpretation of any statistical data upon which the filer relied;   (c) a description of the actuarial and statistical methods used in setting the rate; and   (d) any other relevant matter required by the commissioner.   (3) A rule adopted under this section expires 1 year after adoption unless renewed by the commissioner after hearings and appropriate findings under this section.   (4) Whenever a filing is not accompanied by the information that the commissioner has required under subsection (2), the commissioner shall inform the insurer within 10 days of the initial filing. The filing is considered made when the required information is furnished.   History: En. Sec. 12, Ch. 186, L. 1995.
MT Code § 33-16-1031 (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|33-16-1031. Consent to rate

  33-16-1031. Consent to rate. Notwithstanding any other provision of this part, upon the written consent of the insured, filed with the commissioner, a rate in excess of that determined in accordance with the other provisions of this part may be used on any specific risk.   History: En. Sec. 13, Ch. 186, L. 1995.
MT Code § 33-16-1032 (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|33-16-1032. Acts reducing competition prohibited

  33-16-1032. Acts reducing competition prohibited. (1) In this section, the word "insurer" includes two or more affiliated insurers engaged in joint or cooperative underwriting, investment management, marketing, servicing, or administration of their business and affairs as insurers and:   (a) under common management; or   (b) under common controlling ownership or under other common effective legal control.   (2) An insurer or advisory organization may not:   (a) monopolize or attempt to monopolize or combine or conspire with any other person or persons to monopolize the business of insurance of any kind, subdivision, or class;   (b) agree with any other insurer or advisory organization to charge or adhere to any rate or rating plan other than the uniform experience rating plan or rating rules of the advisory organization, except as needed to comply with the requirements of 33-16-1026;   (c) make an agreement with any other insurer, advisory organization, or other person to unreasonably restrain trade or substantially lessen competition in the business of insurance of any kind, subdivision, or class; or   (d) make an agreement with any other insurer or advisory organization to refuse to deal with any person in connection with the sale of insurance.   (3) The fact that two or more insurers, whether they are members or subscribers of a common advisory organization, use consistently or intermittently the same advisory organization rules or insurer guidelines, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys, or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.   (4) An advisory organization or member or subscriber of an advisory organization may not interfere with the right of any insurer to establish its rates independently of that advisory organization or to charge rates different from the rates made by that advisory organization.   (5) Except as required by 33-16-1026, an advisory organization may not have or adopt any rule or exact any agreement or formulate or engage in any program that would require any member, subscriber, or other insurer to:   (a) adhere to its rates; or   (b) prevent any insurer from acting independently.   History: En. Sec. 14, Ch. 186, L. 1995.
MT Code § 33-16-1033 (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|33-16-1033. Advisory organization -- permitted activity

  33-16-1033. Advisory organization -- permitted activity. An advisory organization may:   (1) develop statistical plans, including class definitions;   (2) collect statistical data from members, subscribers, or any other source;   (3) prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plan. The data and adjustments must be in sufficient detail to permit insurers to modify pure premiums based upon their own rating methods or interpretations of underlying data.   (4) prepare and distribute manuals for rating rules and rating schedules that do not contain any rules or schedules, including final rates, without information outside the manuals;   (5) distribute information that is filed with the commissioner and open to public inspection;   (6) conduct research and collect statistics in order to discover, identify, and classify information relating to causes or prevention of losses;   (7) prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;   (8) collect, compile, and distribute past and current prices of individual insurers, if the information is made available to the general public;   (9) conduct research and collect information to determine the impact of benefit level changes on pure premium rates;   (10) prepare and distribute rules and rating values for the uniform experience rating plan; and   (11) calculate and disseminate individual risk premium modification factors. Individual risk premium modification factors may only be disseminated to:   (a) a licensed producer or an insurer for the business of insurance only; and   (b) the department of labor and industry for regulatory purposes only. Individual employer payroll and loss information may be provided to a person other than the current licensed producer or an insurer only after obtaining the employer's written permission.   History: En. Sec. 15, Ch. 186, L. 1995; amd. Sec. 11, Ch. 320, L. 2015.
MT Code § 33-16-1034 (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|33-16-1034. Advisory organization -- prohibited activity

  33-16-1034. Advisory organization -- prohibited activity. In addition to other prohibitions in this part, except as specifically permitted under 33-16-1033, an advisory organization may not compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit.   History: En. Sec. 16, Ch. 186, L. 1995.
MT Code § 33-16-1035 (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|33-16-1035. Penalties -- suspension of license

  33-16-1035. Penalties -- suspension of license. (1) The commissioner may impose upon a person or organization that violates 33-16-1020 through 33-16-1023 or 33-16-1025 through 33-16-1036 a penalty of not more than $500 for each violation.   (2) If the commissioner determines that the violation is willful, the commissioner may impose a penalty of not more than $1,000 for each violation in addition to any other penalty provided by law.   (3) The commissioner may suspend the license of an insurer or an advisory organization that fails to comply with any order within the time set by the order or extension granted by the commissioner. The commissioner may not suspend a license for failure to comply with an order until the time prescribed for appeal from the order has expired or, if appealed, until the order has been affirmed. The commissioner may determine the period of a suspension, which remains in effect for the period unless modified or rescinded or until the order upon which the suspension is based is modified, rescinded, or reversed.   (4) Unless a consent decree has been entered, a penalty may not be imposed nor may a license be suspended or revoked unless the commissioner, following a hearing, issues a written order with findings of fact. The hearing must be held at least 10 days after written notice to the person or organization specifying the alleged violation.   (5) A party aggrieved by an order or decision of the commissioner may, within 30 days after receiving the commissioner's notice, make a written request for a hearing.   History: En. Sec. 17, Ch. 186, L. 1995; amd. Sec. 147, Ch. 42, L. 1997; amd. Sec. 12, Ch. 320, L. 2015.
MT Code § 33-16-1036 (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|33-16-1036. Appeals from commissioner

  33-16-1036. Appeals from commissioner. (1) An order, decision, or act of the commissioner under this part may be appealed to district court upon petition of a person aggrieved.   (2) A petition for review must be filed within 60 days from notice of the order, decision, or act. The commencement of the proceeding does not affect enforcement or validity of the commissioner's action unless the court determines, after notice to the commissioner, that a stay of enforcement until further direction of the court will not injure the interests of the public.   History: En. Sec. 18, Ch. 186, L. 1995.
MT Code § 33-17-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 1. General Provisions|33-17-101. Scope of chapter

  33-17-101. Scope of chapter. (1) The purpose of this chapter is to govern the qualifications and procedures for licensing insurance producers.   (2) Except as provided in subsection (3), this chapter applies to all stock, mutual, and reciprocal insurers and to all kinds of insurance and annuities.   (3) Except as provided in 33-17-401 and 33-17-408(2), this chapter does not apply to surplus lines producers.   History: En. Sec. 145, Ch. 286, L. 1959; R.C.M. 1947, 40-3301; amd. Sec. 17, Ch. 713, L. 1989; amd. Sec. 2, Ch. 106, L. 2001.
MT Code § 33-17-201 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-201. License required of insurance producer -- forms -- background examinations

  33-17-201. License required of insurance producer -- forms -- background examinations. (1) A person may not sell, solicit, or negotiate insurance or act as an insurance producer in this state unless licensed as an insurance producer under this chapter.   (2) The commissioner may prescribe by rule and make available the forms required in connection with application for, issuance, continuation, suspension, or termination of a license.   (3) All resident applicants shall undergo prelicensing background examinations. The applicant or insurer shall pay the cost of the background examinations.   History: En. Secs. 147, 151, Ch. 286, L. 1959; R.C.M. 1947, 40-3303(part), 40-3307; amd. Sec. 7, Ch. 518, L. 1983; amd. Sec. 17, Ch. 11, Sp. L. March 1986; amd. Sec. 2, Ch. 409, L. 1987; amd. Sec. 2, Ch. 480, L. 1987; amd. Sec. 12, Ch. 285, L. 1989; amd. Sec. 20, Ch. 713, L. 1989; (6)En. Sec. 4, Ch. 713, L. 1989; amd. Sec. 12, Ch. 427, L. 2003.
MT Code § 33-17-202 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-202. Repealed

  33-17-202. Repealed. Sec. 68, Ch. 713, L. 1989.   History: En. Sec. 152, Ch. 286, L. 1959; amd. Sec. 7, Ch. 44, L. 1969; amd. Sec. 5, Ch. 423, L. 1971; R.C.M. 1947, 40-3308; amd. Sec. 3, Ch. 409, L. 1987; amd. Sec. 13, Ch. 285, L. 1989; amd. Sec. 6, Ch. 509, L. 1989.
MT Code § 33-17-203 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-203. Repealed

  33-17-203. Repealed. Sec. 19, Ch. 409, L. 1987.   History: En. Sec. 153, Ch. 286, L. 1959; amd. Sec. 8, Ch. 44, L. 1969; R.C.M. 1947, 40-3309; amd. Sec. 19, Ch. 198, L. 1979; amd. Sec. 1, Ch. 400, L. 1983.
MT Code § 33-17-204 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-204. Repealed

  33-17-204. Repealed. Sec. 68, Ch. 713, L. 1989.   History: En. Sec. 154, Ch. 286, L. 1959; amd. Sec. 9, Ch. 44, L. 1969; R.C.M. 1947, 40-3310; amd. Sec. 1, Ch. 345, L. 1979; amd. Sec. 4, Ch. 409, L. 1987.
MT Code § 33-17-205 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-205. Repealed

  33-17-205. Repealed. Sec. 68, Ch. 713, L. 1989.   History: En. Sec. 155, Ch. 286, L. 1959; amd. Sec. 10, Ch. 44, L. 1969; R.C.M. 1947, 40-3311.
MT Code § 33-17-206 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-206. Repealed

  33-17-206. Repealed. Sec. 36, Ch. 451, L. 1993.   History: En. Sec. 165, Ch. 286, L. 1959; amd. Sec. 12, Ch. 44, L. 1969; R.C.M. 1947, 40-3321; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 35, Ch. 798, L. 1991.
MT Code § 33-17-207 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-207. Repealed

  33-17-207. Repealed. Sec. 4, Ch. 98, L. 1995.   History: En. Sec. 1, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-17-208 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-208. Repealed

  33-17-208. Repealed. Sec. 4, Ch. 98, L. 1995.   History: En. Sec. 2, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 36, Ch. 16, L. 1991; amd. Sec. 7, Ch. 798, L. 1991.
MT Code § 33-17-209 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-209. Repealed

  33-17-209. Repealed. Sec. 4, Ch. 98, L. 1995.   History: En. Sec. 3, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-17-210 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-210. Centralized producer license registry -- rules

  33-17-210. Centralized producer license registry -- rules. (1) The commissioner may participate, in whole or in part, with the national association of insurance commissioners, or any affiliates or subsidiaries that the national association of insurance commissioners oversees, in a centralized producer license registry in which insurance producer licenses and appointments may be centrally or simultaneously effected for all states that participate in the registry and that require an insurance producer license.   (2) If the commissioner finds that participation in the centralized producer license registry is in the public interest, the commissioner may adopt by rule any uniform standards and procedures necessary to participate in the registry, including the central collection of all fees for licenses or appointments that are processed through the registry.   History: En. Sec. 1, Ch. 106, L. 2001.
MT Code § 33-17-213 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-213. Conduct of examinations

  33-17-213. Conduct of examinations. (1) The commissioner shall make any examination required under 33-17-212 available to applicants with reasonable frequency and at places in this state reasonably accessible to the applicants.   (2) The commissioner shall assure that the examinations are conducted in a fair and impartial manner and without unfair discrimination as between individuals examined.   (3) The commissioner may require a reasonable waiting period before reexamination of an applicant who has failed to pass a previous examination covering the same kind or kinds of insurance.   (4) The examination of a title insurance producer, as defined in 33-25-105, must include but is not limited to questions pertaining to the search and examination of title to real property, insurance principles relating to title insurance, and the fiduciary duties and procedures of escrows, settlements, and closings of real estate transactions.   History: En. Sec. 158, Ch. 286, L. 1959; amd. Sec. 1, Ch. 156, L. 1969; R.C.M. 1947, 40-3314; amd. Sec. 21, Ch. 198, L. 1979; amd. Sec. 19, Ch. 519, L. 1985; amd. Sec. 7, Ch. 409, L. 1987; amd. Sec. 23, Ch. 713, L. 1989.
MT Code § 33-17-215 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 2. Licensing and Appointment of Insurance Producers and Navigators|33-17-215. Repealed

  33-17-215. Repealed. Sec. 14, Ch. 345, L. 1979.   History: En. Sec. 160, Ch. 286, L. 1959; R.C.M. 1947, 40-3316.