ORS 737.320
Review of certain filings

  • effective date of filings
  • investigation and evaluation of workers’ compensation rate filings

(1)

The Director of the Department of Consumer and Business Services shall review title insurance filings, and each workers’ compensation insurance filing, as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter.

(2)

The effective date of each title and workers’ compensation insurance filing shall be the date specified therein but not earlier than the 30th day after the date the filing is received by the director or from the date of receipt of the information furnished in support of a filing or specific portions of such filing if such supporting information is required by the director. The waiting period may be extended by the director for not more than 30 days if the director gives written notice within such waiting period to the insurer or rating organization which made the filing that the director needs such additional time for the consideration of such filing or specific portions of such filing. Upon written application by such insurer or rating organization, the director may authorize a filing or specific portions of such filing, which the director has reviewed, to become effective before the expiration of the waiting period. A filing or portions of a filing shall be deemed to meet the requirements of this chapter unless disapproved by the director within the waiting period or any extension thereof.

(3)

Filings of workers’ compensation rates, rating plans and rating systems by a workers’ compensation rating organization shall be limited to provisions for claim payment approved or established by the director, and shall not include allowances for or recognition of expenses, taxes or profit. A workers’ compensation rating organization shall make such filings with the director, which filings shall be subject to this section. The organization shall also file the workers’ compensation policy forms to be used by its members. The filing shall include a report of investment income.

(4)

Filings of workers’ compensation rates by an insurer shall specify allowances for expenses, taxes and profits.

(5)

The director shall investigate and evaluate all workers’ compensation filings to determine whether the filings meet the requirements of this chapter. The director shall employ such experts and other personnel as may be reasonably necessary to make such investigation and evaluation, the cost of which shall be paid out of the fund created under ORS 705.145 (Consumer and Business Services Fund).

(6)

Notwithstanding the provisions of ORS 737.205 (Filing rates, plans with director) (1), the director may require any person to comply with the requirements of subsection (2) of this section if the director has good cause to believe that a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.

(7)

The director may require insurers to use, as that portion of a rate filing that constitutes the amount for claim payment, rates prescribed by the director based upon rating information determined pursuant to ORS 731.216 (Administrative power of director) (3). [Amended by 1967 c.359 §310; 1969 c.690 §5; 1973 c.353 §1; 1981 c.535 §20; 1981 c.874 §20; 1985 c.706 §5; 1987 c.373 §83a; 1987 c.884 §51; 1989 c.171 §83; 1989 c.700 §12]

Source: Section 737.320 — Review of certain filings; effective date of filings; investigation and evaluation of workers’ compensation rate filings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html.

737.007
“Rating organization” defined
737.012
“Advisory organization” defined
737.017
“Member,” “subscriber” defined
737.025
Purpose, intent of chapter
737.035
Application of chapter
737.045
Remedies of director for violations of chapter
737.205
Filing rates, plans with director
737.207
Commercial liability insurance rate filings
737.209
Hearing on rate filings under ORS 737.207
737.215
Effect of noncompliance with rating regulation
737.225
Records requirements
737.230
Data must include certain information
737.235
Examining rating systems of insurers
737.245
Collusive ratings prohibited
737.255
Authority for cooperative ratings and systems
737.265
Unauthorized adherence to rates, rating systems
737.270
Determination of workers’ compensation premiums for worker leasing company
737.275
Preparation of rates, rating systems and other administrative matters by insurers under common ownership
737.310
Method of rate making
737.312
Agreements among insurers for assignment of risks
737.316
Combining employers for workers’ compensation insurance
737.318
Premium audit program for workers’ compensation insurance
737.320
Review of certain filings
737.322
Rating plan approval
737.325
Suspension or modification of filing requirement
737.330
Contracts to comply with effective filings
737.336
Disapproval of filings by director
737.340
Initiation of proceedings by aggrieved person to determine lawfulness of filings
737.342
Hearing and order procedure
737.350
Application for license by rating organization
737.355
Licensing rating organizations generally
737.360
Rating organization to accept insurers as subscribers
737.365
Cooperative activities among rating organizations and insurers
737.390
Regulation of joint underwriting and joint reinsurance
737.505
Insured entitled to rate information
737.510
Advisory organizations
737.515
Examination of rating, advisory and other organizations
737.526
Interchange of data
737.535
Withholding or giving false information prohibited
737.545
Procedure for suspension of rating organization license
737.560
Rating organization membership
737.600
Fictitious grouping for rate purposes prohibited
737.602
Authorization for insurance for certain projects
737.604
Rules
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