Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 42 - RATES AND RATEMAKING › Section 836-042-0015 - Workers' Compensation Filings - Procedural Rules for Insurers and Rating Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 workers' compensation insurer shall file with the Director copies of the
			 workers' compensation insurance premium rates to be used by it. An insurer may
			 satisfy this requirement by authorizing the Director to accept on its behalf
			 the provisions for claims payment filed by a rating organization in accordance
			 with section (4) of this rule, to the extent the insurer uses the
			 classification system of the rating organization, and by specifying the factors
			 by which every such provision shall be multiplied to make allowances for
			 expenses, taxes or profit and a rule for rounding each such provision after
			 multiplication.
(2) Workers'
			 compensation insurance premium rates based on loss costs of a licensed rating
			 organization filed by an insurer must each be accompanied by transmittal
			 letters of the forms prescribed in Exhibits 1 and 2 or must be accompanied by
			 the NAIC Loss Cost Data Entry Document and the NAIC Loss Cost Filing Document
			 for Workers' Compensation.
(3)
			 Every filing of workers' compensation insurance premium rates, rating plans or
			 rating systems by an insurer and every filing of workers' compensation
			 insurance rating plans, rating systems or provisions for claim payment by a
			 rating organization must be submitted to the Director for review prior to
			 becoming effective.
(4) The
			 effective date of a workers' compensation insurance filing required by section
			 (3) of this rule to be submitted to the Director for review shall be the date
			 specified therein but not earlier than the 30th day after the date the filing
			 is received by the Director, or the 30th day after the date of receipt of
			 supporting information, whichever is later. If the Director has reviewed the
			 filing prior to expiration of the waiting period, the Director may authorize an
			 effective date prior to the expiration of the waiting period but not earlier
			 than the date such written application and any required supporting information
			 is received. The 30 day period may be extended to 60 days if the Director gives
			 written notice within such waiting period to the insurer or rating organization
			 which made the filing that the extended period is needed for consideration of
			 such filing. A filing subject to this section shall be deemed to meet the
			 requirements of ORS Chapter 737 unless disapproved by the Director within the
			 waiting period or extension thereof.
(5) An insurer may authorize the Director to
			 accept on its behalf the workers' compensation insurance rating plans or rating
			 systems filed by a licensed rating organization of which it is a member when
			 such filings have been approved by the Director and to the extent such plans or
			 systems are complete and usable without addition of allowances for expenses,
			 taxes or profit. When such plans and systems are not complete and usable, an
			 insurer may file for review by the Director supplementary systems or values
			 providing allowances for expenses, taxes or profit to be used in conjunction
			 with such workers' compensation insurance rating plans and rating systems. An
			 insurer may so adopt the rating plans and rating systems of a rating
			 organization on part of the classifications of risks insured by it and may make
			 its own filings as to other classifications.
(6)
(a)
			 Nothing in this rule should be construed to require any insurer to adopt any
			 rating plan or rating system filed by a rating organization and approved by the
			 Director nor to prohibit any insurer from filing any workers' compensation
			 insurance rating plan or rating system which supplements or differs from any
			 rating plans or rating systems filed by a rating organization; and
(b) Notwithstanding subsection (a) of this
			 section, workers' compensation insurers shall adopt the experience rating plan
			 established by the rating organization, or an alternative plan designed to
			 promote worker safety approved by the Director, to be applied on a uniform
			 basis.