2007 ORS 737.505¹
Insured entitled to rate information
  • remedies of aggrieved persons

(1) Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, shall furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.

(2) Every rating organization and every insurer which makes its own rates 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 the authorized representative, on written request by the person or authorized representative to review the manner in which such rating system has been applied in connection with the insurance afforded the person. If the rating organization or insurer fails to grant or reject such request within 30 days after it is made, the applicant may proceed in the same manner as if the application had been rejected.

(3) Any party affected by the action of such rating organization or such insurer on such request, within 30 days after written notice of such action, may appeal to the Director of the Department of Consumer and Business Services, who, after a hearing held at a place designated by the director upon not less than 10 days’ written notice to the appellant and to such rating organization or insurer, shall affirm or reverse such action.

(4) Appeals to the director pursuant to ORS 737.318 (Premium audit program for workers' compensation insurance) with regard to a final premium audit billing must be made within 60 days after receipt of the billing.

(5) The director may, upon a showing of good cause, stay any workers’ compensation insurer’s collection effort on a final premium audit billing during the pendency of an appeal authorized by subsection (4) of this section. [Amended by 1967 c.359 §327; 1987 c.884 §6]

Notes of Decisions

In absence of contrary expression, legislature appears to have intended that merely mailing request for ap­peal does not constitute making ap­peal under this sec­tion. Cobra Construc­tion v. Na­tional Council on Comp. Ins., 107 Or App 321, 812 P2d 19 (1991)

Depart­ment of Insurance and Finance could not by rule extend period for ap­peal related to final premium audit billing. Kilham Sta­tionery v. Na­tional Council on Comp. Ins., 109 Or App 545, 820 P2d 842 (1991)

Whether or not 60-day limit for ap­pealing final premium audit billing is jurisdic­tional, where ap­peal was filed more than 60 days after receipt of billing, division properly dismissed ap­peal as untimely. Pease v. Na­tional Council on Comp. Ins., 113 Or App 26, 830 P2d 605 (1992), Sup Ct review denied

Depart­ment of Insurance and Finance properly dismissed employer's ap­peal of premium audit billing for lack of jurisdic­tion, because employer did not file ap­peal within "60 days after receipt of the billing" and continuing discussions between insurer and employer did not prevent 60-day period from running. Marcott Timber v. Natl. Council on Comp. Ins., 115 Or App 165, 837 P2d 543 (1992)

Employer challenging Depart­ment of Insurance and Finance order has burden of proof to show premium determina­tions are incorrect. Milwaukie Convalescent and Residential Care Center v. Natl. Council on Comp. Ins., 126 Or App 6, 867 P2d 513 (1994)

1 Legislative Counsel Committee, CHAPTER 737—Rates and Rating Organizations, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­737.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 737, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­737ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.