2023 Illinois Compiled Statutes › Chapter 215 - INSURANCE › 215 ILCS 5/ - Illinois Insurance Code. › Article XXIX - Workers' Compensation And Employer's Liability Rates

(215 ILCS 5/Art. XXIX heading)
ARTICLE XXIX.  
		WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY RATES.
(215 ILCS 5/454) (from Ch. 73, par. 1065.1)
Sec. 454. 
		Purpose of Article. 
		The purpose of this Article is to promote the public welfare by
regulating workers' compensation and employer's liability insurance
rates to the end that they shall not be excessive, inadequate or
unfairly discriminatory, or erroneously applied and to authorize and
regulate co-operative
action among companies in rate making and in other matters within the
scope of this Article. Nothing in this Article is intended (1) to
prohibit or discourage reasonable competition, or (2) to prohibit, or
encourage except to the extent necessary to accomplish the
aforementioned purpose, uniformity in insurance rates, rating systems,
rating plans or practices. This Article shall be liberally interpreted
to carry into effect the provisions of this Section.  Section 462b of
this Article is a codification of existing law and practice.
(Source: P.A. 83-1002.)
(215 ILCS 5/455) (from Ch. 73, par. 1065.2)
Sec. 455. 
		Scope of article. 
		This Article applies to workers' compensation and employers'
liability insurance incidental thereto and written in connection
therewith but shall not apply to reinsurance thereon.
(Source: P.A. 81-992.)
(215 ILCS 5/456) (from Ch. 73, par. 1065.3)
Sec. 456. Making of rates.
(1) All rates shall be made in accordance with the following provisions:
(a) Due consideration shall be given to past and     prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for profit and contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by companies to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, to underwriting practice and judgment and to all other relevant factors within and outside this state;
(b) The systems of expense provisions included in the     rates for use by any company or group of companies may differ from those of other companies or groups of companies to reflect the requirements of the operating methods of any such company or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable;
(c) Risks may be grouped by classifications for the     establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which measure variation in hazards or expense provisions, or both. Such rating plans may measure any differences among risks that have a probable effect upon losses or expenses;
(d) Rates shall not be excessive, inadequate or     unfairly discriminatory.
A rate is excessive if it is likely to produce a     profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to the services rendered.
A rate is not inadequate unless such rate is clearly     insufficient to sustain projected losses and expenses in the class of business to which it applies and the use of such rate has or, if continued, will have the effect of substantially lessening competition or the tendency to create monopoly in any market.
Unfair discrimination exists if, after allowing for     practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses.  A rate is not unfairly discriminatory because different premiums result for policyholders with like exposures but different expenses, or like expenses but different loss exposures, so long as the rate reflects the differences with reasonable accuracy.
(e) The rating plan shall contain a mandatory offer     of a deductible applicable only to the medical benefit under the Workers' Compensation Act. Such deductible offer shall be in a minimum amount of at least $1,000 per accident.
(f) Any rating plan or program shall include a rule     permitting 2 or more employers with similar risk characteristics, who participate in a loss prevention program or safety group, to pool their premium and loss experience in determining their rate or premium for such participation in the program.
(2) Except to the extent necessary to meet the provisions of
subdivision (d) of subsection (1) of this Section, uniformity among
companies in any matters within the scope of this Section is neither
required nor prohibited.
(Source: P.A. 100-1118, eff. 2-1-19.)
(215 ILCS 5/457) (from Ch. 73, par. 1065.4)
Sec. 457. Rate filings.
(1) Every company
shall prefile with the Director every manual of classifications, every manual
of rules and rates, every rating plan and every modification of the foregoing
which it intends to use. Such filings shall be made at least 30 days before
 they become effective.
A company may satisfy its obligation to make such filings by adopting the
filing of a licensed rating organization of which it is a member or subscriber,
filed pursuant to subsection (2) of this Section, in total or, with the approval of the Director, deviate from such filing. If a company intends to deviate from the filing of a licensed rating organization of which it is a member, the company shall provide the Director with supporting information that specifies the basis for the requested deviation and provides justification for the deviation. Any
company adopting a pure premium filed by a rating organization pursuant to subsection
(2) must file with the Director the modification factor it is using for
expenses and profit so that the final rates in use by such company can be determined.
(2) Each licensed rating organization must prefile
 with the Director every manual of classification, every manual of rules
and advisory rates, every pure premium which has been fully adjusted and
fully developed, every rating plan and every modification of any of the
foregoing which it intends to recommend for use to its members and subscribers,
at least 30 days before such manual, premium, plan or modification
thereof takes effect. Every licensed rating organization shall also file
with the Director the rate classification system, all rating rules, rating
plans, policy forms, underwriting rules or similar materials, and each modification
of any of the foregoing which it requires its members and subscribers to
adhere to not later than 30 days before such filings or modifications thereof
are to take effect. Every such filing shall state the proposed effective
date thereof and shall indicate the character and extent of the coverage contemplated.
(3) A filing and any supporting information made pursuant to this Section
shall be open to public inspection as soon as filed.
(4) A filing shall not be effective nor used until approved by the Director.  A filing shall be deemed approved and legally effective if the Director fails to disapprove within 30 days after the filing.
(Source: P.A. 100-1118, eff. 2-1-19.)
(215 ILCS 5/458) (from Ch. 73, par. 1065.5)
Sec. 458. Disapproval of filings.
(1) If within 30 days of any filing the Director
finds that such filing does not meet the requirements of this Article, he
shall send to the company or rating organization which made such filing a
written notice of disapproval of such filing, specifying therein in what
respects he finds that such filing fails to meet the requirements of this
Article. A company or rating organization whose filing has been disapproved shall be given a hearing upon a written request made within 30 days after the disapproval order.
(2) If at any time subsequent to the applicable review period provided
for in subsection (1) of this Section, the Director finds that a
filing does not meet the requirements of this Article, he shall, after a
hearing held upon not less than ten days written notice, specifying the
matters to be considered at such hearing, to every company and rating
organization which made such filing, issue an order specifying in what
respects he finds that such filing fails to meet the requirements of this
Article, and stating when, within a reasonable period thereafter, such
filings shall be deemed no longer effective. Copies of said order shall be
sent to every such company and rating organization. Said order shall not
affect any contract or policy made or issued prior to the expiration of the
period set forth in said order.
(3) Any person or organization aggrieved with respect to any filing
which is in effect may make written application to the Director for a
hearing thereon, provided, however, that the company or rating organization
that made the filing shall not be authorized to proceed under this
subsection. Such application shall specify the grounds to be relied upon by
the applicant. If the Director shall find that the application is made in
good faith, that the applicant would be so aggrieved if his grounds are
established, and that such grounds otherwise justify holding such a
hearing, he shall, within thirty days after receipt of such application,
hold a hearing upon not less than ten days written notice to the applicant
and to every company and rating organization which made such filing.
If, after such hearing, the Director finds that the filing does not meet
the requirements of this Article, he shall issue an order specifying in
what respects he finds that such filing fails to meet the requirements of
this Article, and stating when, within a reasonable period thereafter, such
filing shall be deemed no longer effective. Copies of said order shall be
sent to the applicant and to every such company and rating organization.
Said order shall not affect any contract or policy made or issued prior to
the expiration of the period set forth in said order.
(4) Whenever an insurer has no legally effective rates as a result of the Director's disapproval of rates or other act, the Director shall on request of the insurer specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him or her. When new rates become legally effective, the Director shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required.
(Source: P.A. 100-1118, eff. 2-1-19.)
(215 ILCS 5/459) (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.)
(215 ILCS 5/460) (from Ch. 73, par. 1065.7)
Sec. 460. (Repealed).
(Source: P.A. 99-642, eff. 7-28-16. Repealed by P.A. 100-1118, eff. 2-1-19.)
(215 ILCS 5/461) (from Ch. 73, par. 1065.8)
Sec. 461. 
		
		Appeal
by minority.
Any member of or subscriber to a rating organization may appeal to the
Director from the action or decision of such rating organization in
approving or rejecting any proposed change in or addition to the filings of
such rating organization and the Director shall, after a hearing held upon
not less than ten days' written notice to the appellant and to such rating
organization, issue an order approving the action or decision of such
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.
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 subdivision (b) of subsection (1) of Section 456, 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
Section 456.
(Source: Laws 1947, p. 1098.)
(215 ILCS 5/462) (from Ch. 73, par. 1065.9)
Sec. 462. 
		
		Information to be furnished insureds - Hearings and appeals of
insureds. Every rating organization, and every company which does
not adopt the rates of a rating organization,
shall, within a reasonable time after receiving written request therefor, furnish to
any insured affected by a rate made by it, or to the authorized
representative of such insured, in readily understandable language,
all pertinent information as to such rate as specified in rules adopted
by the Department.
Every rating organization, and every company which does not adopt
the rates of a rating organization,
shall provide within this state reasonable means whereby any person
aggrieved by the application of its rating system may be heard, in
person or by his authorized representative, on his written request to
review the manner in which such rating system has been applied in
connection with the insurance afforded him. If the rating organization
or company fails to grant or reject such request within thirty days
after it is made, the applicant may proceed in the same manner as if his
application had been rejected. Any party affected by the action of such
rating organization or such company on such request may, within thirty
days after written notice of such action, appeal to the Director, who,
after a hearing held upon not less than ten days' written notice to the
appellant and to such rating organization or company, may affirm or
reverse such action.
(Source: P.A. 82-939.)
(215 ILCS 5/462a)
Sec. 462a. Premium increase notice. A policy of workers' compensation insurance issued, delivered, amended, or renewed on or after January 1, 2019 shall remain in full force and effect subject to the same terms and conditions, loss cost multipliers, and classification of the employer with regard to the payment of dividends, unless written notice is mailed or delivered by the insurer to the employer, at the address shown on the policy, and to the employer's authorized agent or broker, indicating the insurer's intention to condition renewal upon issuance of a policy that supersedes the policy previously issued and that will result in a premium in  excess of 5% above the rate recommendation filed with the Department, exclusive of any premium increase generated as a result of increased loss costs or increased exposure units or as a result of experience rating, contractor credit adjustment program, large deductible, retrospective rating, or audit. The notice shall be delivered at least 30 days in advance of the expiration date of the policy, and shall set forth: (1) the amount of the premium increase or, if the amount cannot reasonably be determined as of the time the notice is provided, a reasonable estimate of the premium increase based upon the information available to the insurer at that time; and (2) the reason for the increased premium in excess of the rate recommendation filed with the Department. Nothing in this Section requires the insurer to provide notice when the employer, an agent or broker authorized by the employer, or another insurer of the employer has delivered written notice that the policy has been replaced or is no longer desired.
(Source: P.A. 100-1118, eff. 11-27-18.)
(215 ILCS 5/462b) (from Ch. 73, par. 1065.9b)
Sec. 462b. 
		
		Insurance companies shall apply correct classifications,
payrolls and other factors of a rating system to compute premiums.  If the
application of incorrect classifications, payrolls or any other factors
of a rating system results in the payment by an insured of premiums in excess
of the premiums that would have been paid utilizing the correct applications
of classifications, payrolls or other factors of a rating system, the insurer
shall refund to the insured the excessive premium paid for the period during
which the incorrect application of classifications, payrolls or other factors
of a rating system were applied.  This Section is intended to codify existing
law and practice.
(Source: P.A. 83-1002.)
(215 ILCS 5/463) (from Ch. 73, par. 1065.10)
Sec. 463. 
		Advisory organizations. 
		(1) Every group, association or other organization of companies whether
located within or outside this state, which assists companies which make
their own filings or rating organizations in rate making, by the collection
and furnishing of loss or expense statistics, or by the submission of
recommendations, but which does not make filings under this Article, shall
be known as an advisory organization.
(2) Every advisory organization shall file with the Director (a) a copy
of its constitution, its articles of agreement or association or its
certificate of incorporation and of its by-laws, rules and regulations
governing its activities, (b) a list of its members, (c) the name and
address of a resident of this state upon whom notices or orders of the
Director or process issued at his direction may be served, and (d) an
agreement that the Director may examine such advisory organization in
accordance with the provisions of Section 465 of this Article.
(3) If, after a hearing, the Director finds that the furnishing of such
information or assistance involves any act or practice which is unfair or
unreasonable or otherwise inconsistent with the provisions of this Article,
he may issue a written order specifying in what respects such act or
practice is unfair or unreasonable or otherwise inconsistent with the
provisions of this Article, and requiring the discontinuance of such act or
practice.
(4) No company which makes its own filings nor any rating organization
shall support its filings by statistics or adopt rate making
recommendations, furnished to it by an advisory organization which has not
complied with this Section or with an order of the Director involving such
statistics or recommendations issued under subsection (3) of this Section.
If the Director finds such company or rating organization to be in
violation of this subsection he may issue an order requiring the
discontinuance of such violation.
(Source: Laws 1947, p. 1098.)
(215 ILCS 5/464) (from Ch. 73, par. 1065.11)
Sec. 464. 
		Joint underwriting or joint reinsurance. 
		(1) Every group,
association or other organization of companies which
engages in joint underwriting or joint reinsurance, shall be subject to
regulation with respect thereto as herein provided, subject, however, with
respect to joint underwriting, to all provisions of this Article, and with
respect to joint reinsurance, to Sections 465, 467, 469, 470 and 471 of
this Article.
(2) If, after a hearing, the Director finds that any activity or
practice of any such group, association or other organization 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.
(Source: Laws 1947, p. 1098.)
(215 ILCS 5/464a) (from Ch. 73, par. 1065.11a)
Sec. 464a. 
		(Repealed).
(Source: P.A. 81-1482.  Repealed by P.A. 91-757, eff. 1-1-01.)
(215 ILCS 5/465) (from Ch. 73, par. 1065.12)
Sec. 465. 
		Examinations. 
		The Director shall, at least once in five years, make or cause to be
made an examination of each rating organization licensed in this state as
provided in Section 459 and he may, as often as he may deem it expedient,
make or cause to be made an examination of each advisory organization
referred to in Section 463 and of each group, association or other
organization referred to in Section 464. The reasonable costs of any such
examination shall be paid by the rating organization, advisory
organization, or group, association or other organization examined upon
presentation to it of a detailed account of such costs. The officers,
manager, agents and employees of such rating organization, advisory
organization or group, association or other organization may be examined at
any time under oath and shall exhibit all books, records, accounts,
documents, or agreements governing its method of operation. In lieu of any
such examination the Director may accept the report of an examination made
by the insurance supervisory official of another state, pursuant to the
laws of such state. The provisions of Sections 132 through 132.7, 402,
and 403 shall be
applicable to the examinations hereunder.
(Source: P.A. 89-97, eff. 7-7-95.)
(215 ILCS 5/466) (from Ch. 73, par. 1065.13)
Sec. 466. 
		Rate administration. 
		(1) Recording and Reporting of Loss and Expense Experience.
The Director shall promulgate reasonable rules and shall approve statistical
plans, reasonably adapted to each of the rating systems on file with him, which
may be modified from time to time and which shall be used thereafter by
each company in the recording and reporting of its loss and countrywide
expense experience, in order that the experience of all companies may be
made available at least annually in such form and detail as may be
necessary to aid him in determining whether rating systems comply with the
standards set forth in Section 456. An approved statistical plan need not
be adopted as a rule, but shall be made available for public inspection at
the Department's principal office and a copy of the plan shall be filed
with the Secretary of State. Such rules and plans may also provide
for the recording and reporting of expense experience items which are
specially applicable to this state and are not susceptible of determination
by a prorating of countrywide expense experience. In promulgating such rules
and approving plans, the Director shall give due consideration to the rating
systems on file with him and in order that such rules and plans may be as
uniform as is practicable among the several states, to the rules and to the
form of the plans used for such rating systems in other states. No company
shall be required to record or report any experience on an experience
classification which it does not use in the making of its rates or to
record or report its experience on any basis or statistical plan that
differs from that which is regularly employed and used in the usual course
of such company's business, nor shall any company be required to record or
report its loss experience on a classification basis that is inconsistent
with the rating system filed by it, nor shall it be required to report such
experience to any rating organization of which it is not a member or
subscriber, or to an agency operated by or subject to the control of such a
rating organization, nor shall the Department's rules state that the
insurer must record or report its experience in accordance with a uniform
statistical plan which differs from that which is regularly employed and
used in the usual course of such company's business. Any
company not reporting such experience to a rating
organization or other agency designated by the Director, shall report such
experience to the Director. The Director may designate one or more rating
organizations or other agencies to assist him in gathering all such
experience and in making compilations thereof. The experience of any
company filed with the Director shall be deemed confidential and shall not
be revealed by the Director to any other company or other person, provided,
however, that the Director may make compilations of all experience,
including the experience of any such company, or of such experience and the
compilation made by the designated rating organization or other agency. All
such compilations, whether made by the Director or by any designated rating
organization or other agency, shall be made available, subject to
reasonable rules promulgated by the Director, to companies and rating
organizations.
(2) Interchange of Rating Plan Data
Reasonable rules and plans may be promulgated by the Director for the
interchange of data necessary for the application of rating plans.
(3) Consultation with Other States
In order to further uniform administration of rate regulatory laws, the
Director and every company and rating organization may exchange information
and experience data with insurance supervisory officials, companies and
rating organizations in other states and may consult with them with respect
to rate making and the application of rating systems.
(4) Rules and Regulations
The Director may make reasonable rules and regulations necessary to
effect the purpose of this Article.
(Source: P.A. 84-427.)
(215 ILCS 5/467) (from Ch. 73, par. 1065.14)
Sec. 467. 
		False or misleading information. 
		No person, company or
organization shall wilfully withhold information
from, or knowingly give false or misleading information to the Director,
any statistical agency designated by the Director, any rating organization,
or, any company which will affect the rates or premiums chargeable under
this Article. A violation of this Section shall subject the one guilty of
such violation to the penalties provided in Section 470 of this Article.
(Source: Laws 1947, p. 1098.)
(215 ILCS 5/468) (from Ch. 73, par. 1065.15)
Sec. 468. 
		Residual Market Mechanism. 
		All companies licensed to write
workers' compensation and employers' liability insurance in this State shall
participate in a plan providing for the equitable apportionment among them
of insurance which may be afforded applicants who are in good faith entitled
to but who are unable to procure such insurance through ordinary methods.
Companies must submit such a plan for the Director's approval within 60
days of the effective date of this amendatory Act of 1982.  The rates to be used
in such a plan and any future modification thereof must be submitted to
the Director for approval at least 30 days prior to their effective date.
Such rates shall reflect residual market experience to the extent it is
actuarially appropriate.  The Director shall disapprove any filing that
does not meet the requirements
of subparagraph (d) of paragraph (1) of Section 456 of this Article.  A
filing shall be deemed to meet such requirements unless disapproved by the
Director within 30 days after the filing is made.  In disapproving a filing
made under this Section, the Director shall have the same authority and
shall follow the same procedure as in disapproving a filing under Section
458.  Notwithstanding any other provisions of this Article, rating organizations
may make and file rates under this Section.
(Source: P.A. 82-939.)
(215 ILCS 5/469) (from Ch. 73, par. 1065.16)
Sec. 469. Rebates prohibited. No broker or agent shall knowingly charge, demand, or receive a premium
for any policy of insurance except in accordance with the provisions of
this Article. No company or employee thereof, and no broker or agent shall
pay, allow, or give, or offer to pay, allow, or give, directly or indirectly,
as an inducement to insurance, or after insurance has been effected, any
rebates, discount, abatement, credit, or reduction of the premium named in a
policy of insurance, or any special favor or advantage in the dividends or
other benefits to accrue thereon, or any valuable consideration or
inducement whatever, not specified in the policy of insurance, except to
the extent provided for in an applicable filing. No insured named in a
policy of insurance, nor any employee of such insured shall knowingly
receive or accept, directly or indirectly, any such rebate, discount,
abatement, credit, or reduction of premium, or any such special favor or
advantage or valuable consideration or inducement. Nothing in this Section
shall be construed as prohibiting the payment of commissions or other
compensation to duly licensed agents and brokers, nor as prohibiting any
company from allowing or returning to its participating policyholders,
members, or subscribers, dividends, savings, or unabsorbed premium deposits.
Sections 151 and 152 of this Code shall not apply to any kind
of insurance subject to this Article.
(Source: P.A. 100-863, eff. 8-14-18.)
(215 ILCS 5/470) (from Ch. 73, par. 1065.17)
Sec. 470. 
		Penalties. 
		Any person, company or organization violating any provision of this
Article shall be guilty of a petty offense for each such violation,
provided that a series of acts or events based upon the same alleged
violation shall be treated and considered as a single violation.
The Director may suspend the license of any rating organization or
company which fails to comply with an order of the Director within the time
limited by such order, or any extension thereof which the Director may
grant. The Director shall not suspend the license of any rating
organization or company for failure to comply with an order until the time
prescribed for filing a petition for review thereof as provided in Section
471 has expired or if such petition for review has been filed until such
order has been affirmed. The Director may determine when a suspension of
license shall become effective and it shall remain in effect for the period
fixed by him, unless he modifies or rescinds such suspension, or until the
order upon which such suspension is based is modified, rescinded or
reversed.
No license shall be suspended or revoked except upon a written order of
the Director, stating his findings, made after a hearing held upon not less
than ten days' written notice to such person or organization specifying the
alleged violation.
(Source: P.A. 77-2699.)
(215 ILCS 5/471) (from Ch. 73, par. 1065.18)
Sec. 471. 
		Hearing procedure and judicial review. 
		(1) Any company or rating
organization aggrieved by any order or
decision of the Director made without a hearing, may, within 30 days
after notice of the order to the company or organization, make written
request to the Director for a hearing thereon. The Director shall hear
such party or parties within 20 days after receipt of such request
and shall give not less than 10 days' written notice of the time and
place of the hearing. Within 15 days after such hearing the
Director shall affirm, reverse or modify his previous action, specifying
his reasons therefor. Pending such hearing and decision thereon the
Director may suspend or postpone the effective date of his previous
action.
(2) Nothing contained in this Article shall require the observance
at any hearing of formal rules of pleading or evidence.
(3) The Administrative Review Law shall apply to and govern all
proceedings for the judicial review of orders and decisions of the
Director under this Article.  Provided, however, that, in the review of
any order or decision of the Director under this Article, such order or
decision shall not be deemed prima facie to be correct and proper, and
provided further that a rating organization aggrieved by an order or
decision under this Article may initiate such proceedings for its
review.
(Source: P.A. 82-783.)