Assigned risk plan
(1) The Director of the Department of Consumer and Business Services shall promulgate a plan for the equitable apportionment among the State Accident Insurance Fund Corporation and all members of workers’ compensation rating organizations in the state coverage required by ORS 656.017 (Employer required to pay compensation and perform other duties) for subject employers whose coverage the fund, or any members of such rating organizations, object to providing. The plan shall include provisions authorized pursuant to ORS 737.265 (Unauthorized adherence to rates, rating systems) (2), except that:
(a) Regardless of the rating plans adopted by any rating organization, the plan shall provide a rating structure with differing rate tiers for insureds too small to qualify for experience rating and for insureds large enough to be experience rated; and
(b) The plan shall seek and be entitled to receive approval for all classification exceptions approved by the director for any insurer.
(2) If any insurer issuing workers’ compensation insurance policies under this chapter refuses to accept its equitable apportionment under such plan, the director shall revoke the insurer’s authority to issue workers’ compensation insurance policies. [1965 c.285 §94a; 1979 c.673 §2; 1990 c.1 §2; 2007 c.241 §18]
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