Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 43 - WORKERS'COMPENSATION INSURANCE RATING SYSTEM AND AUDIT PROCEDURES › Section 836-043-0230 - Committee Operating Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 term of each Committee shall commence on June 1 and expire on May 31 of the
			 following year.
(2) The Committee
			 shall meet either in person or by teleconference at the beginning of each term
			 for purposes of electing the First Vice-chairperson and Second
			 Vice-chairperson. The Chairperson shall be responsible for organizing the
			 agenda of each meeting and each hearing, and for the conduct of each hearing.
			 The First Vice-chairperson shall be responsible for arranging facilities,
			 providing notice as required, and arranging for administrative support
			 services. The Chairperson or Vice-chairperson, may delegate any of its
			 administrative functions to other Committee officers.
(3) The Committee shall meet as needed and in
			 accordance with the provisions of state law.
(a) Upon receipt of a grievance to the
			 Recording Secretary, the Committee shall schedule a hearing to be convened
			 within 90 days;
(b) Written notice
			 of hearing shall be provided to the appellant, the insurer and the NWD within
			 20 days after receipt of the grievance, but not less than ten days prior to the
			 hearing;
(c) The written notice of
			 hearing shall contain notice of discovery rights pursuant to ORS
			 737.505(1) and
			 notice of the right to be represented by counsel or have other advisors
			 present;
(d) Hearings shall not be
			 held unless a quorum is present either in person or by teleconference. A quorum
			 shall consist of a simple majority. The decision of the Committee shall be by
			 majority vote of those voting members present at the hearing;
(e) If a member has a conflict of interest
			 with respect to a hearing scheduled before the Committee, the member shall
			 declare such conflict of interest and either abstain from voting, or obtain the
			 agreement of the aggrieved party that such abstention is not required. A
			 conflict of interest shall exist when:
(A) A
			 member has a familial relationship with the aggrieved party; or
(B) An insured member is a direct competitor
			 of the aggrieved party; or
(C) An
			 insured member is a part of an affiliated group, any member of which is a
			 direct competitor of the aggrieved party; or
(D) A member is associated with the aggrieved
			 party and comes within the definition of a controlled group as specified in
Section 851(c)(3)
of the
Internal Revenue Code
;
			 or
(E) A member has any other
			 material conflicting interest which could call into question that member's
			 ability to render an unbiased decision.
(f) A conflict of interest may be waived if,
			 after full disclosure of the facts raising such a conflict, all parties to the
			 appeal agree to such waiver;
(g)
			 The NCCI representative(s) on the Committee shall not be deemed to have a
			 conflict of interest with respect to any appeal brought before the Committee
			 based solely upon such representa-tives' affiliation with NCCI.