Chapter 737 — Chapter 737
90 sections in this chapter.
ORS 737.318 Premium audit program for workers’ compensation insurance; rules; penalties. (1) A workers’ compensation insurer shall maintain a premium audit program to aid in achieving equitable premium charges to Oregon employers and for the collection of credible statewide data for ratemaking
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(2) The Director of the Department of Consumer and Business Services shall prescribe by rule a premium audit program system for workers’ compensation insurance. (3) The premium audit system shall include provisions for: (a) Employer education of the audit reporting function of th…
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
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(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 fil…
ORS 737.322 Rating plan approval; rules; hearing on disapproval; costs. Notwithstanding any other provision of this chapter
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(1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers’ compensation rating plans that include provisions allowing for reasonable retroactive application of experience rating modification factors. Nothing in this s…
ORS 737.325 Suspension or modification of filing requirement; rules; excess rates for specific risks. (1) Under such rules and regulations as the Director of the Department of Consumer and Business Services adopts, the director, by written order, may suspend or modify the requirement of filing as to any class of insurance, or subdivision or combination thereof, or as to classes of risks, for which the rates cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby. The director may make such examination as the director deems advisable to ascertain whether any rates affected by such order meet the standards set forth in ORS 737.310
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(2) Upon the written application of the insured, stating the reasons therefor, filed with the director and approved by the director, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk. [Amended by 1967 c.359 §311]
ORS 737.330 Contracts to comply with effective filings; exception. (1) No insurer shall make or issue a policy except in accordance with the filings which are in effect for the insurer as provided in this chapter
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(2) This section does not apply to policies for inland marine risks as to which filings are not required. [Amended by 1967 c.359 §312; 1969 c.690 §6]
ORS 737.335 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.336 Disapproval of filings by director; noncompliance with chapter. (1) If within the waiting period or the extension thereof, if any, as provided in ORS 737.320 (2), the Director of the Department of Consumer and Business Services finds that a filing does not meet the requirements of this chapter, the director shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing, specifying therein in what respects the director finds such filing fails to meet the requirements and stating that such filing shall not become effective
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(2) If the director has reason to believe that an insurer or rating or advisory organization is not complying with the requirements and standards of this chapter other than the requirements and standards dealing with rates, rating plans or rating systems, unless the director has …
ORS 737.340 Initiation of proceedings by aggrieved person to determine lawfulness of filings; hearing. (1) Any person aggrieved with respect to any filing that is in effect, other than the insurer or rating organization that made the filing, may make written application to the Director of the Department of Consumer and Business Services for a hearing on the filing. The application shall specify the grounds to be relied upon by the applicant
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(2) If the director finds that the application is made in good faith, that the applicant would be so aggrieved if the grounds are established, and that such grounds otherwise justify holding such a hearing, the director shall do one of the following: (a) Issue an order under ORS …
ORS 737.342 Hearing and order procedure. Conduct of the hearing, issuance of orders pursuant thereto and judicial review of orders shall be as provided in ORS chapter 183. [1971 c.734 §181]
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[Repealed or reserved.]
ORS 737.345 [Amended by 1967 c.359 §315; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.346 [Formerly 737.512; 1977 c.428 §5; 1979 c.850 §4; 1983 c.754 §1; 1985 c.484 §1; 1987 c.774 §71; 1995 c.79 §362; 1995 c.278 §58; 1995 c.306 §40; renumbered 737.600 in 1999]
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[Repealed or reserved.]
ORS 737.348 [Formerly 736.170; 1975 c.556 §50; repealed by 1977 c.405 §6]
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RATING ORGANIZATIONS
ORS 737.350 Application for license by rating organization. No rating organization shall conduct its operations in this state without first filing with the Director of the Department of Consumer and Business Services a written application for a license as a rating organization for such classes of insurance, or subdivision or class of risk or a part or combination thereof as are specified in its application and shall file therewith
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(1) A copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws, rules and regulations governing the conduct of its business. (2) A list of its members and subscribers. (3) The name and address of a resident of this …
ORS 737.355 Licensing rating organizations generally; licensing workers’ compensation rating organizations; rules; revocation and suspension; fees. (1) If the Director of the Department of Consumer and Business Services finds that the applicant represents a credible statistical base, is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, the director shall issue a license specifying the classes of insurance, or subdivision or class of risk or a part or combination thereof for which the applicant is authorized to act as a rating organization. Each application shall be granted or denied in whole or in part by the director within 60 days of the date of its filing with the director
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(2) The director need not issue a license to each workers’ compensation rating organization that meets the qualifications and requirements of subsection (1) of this section. Instead, the director may issue licenses to one or more qualifying workers’ compensation rating organizati…
ORS 737.360 Rating organization to accept insurers as subscribers; rules of organization to be reasonable; review of applications for subscribership and of reasonableness of rules. (1) Subject to rules and regulations which have been approved by the Director of the Department of Consumer and Business Services as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any class of insurance, subdivision or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers
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(2) Each rating organization shall furnish its rating services without discrimination to its members and subscribers. Any rating organization may subscribe to or purchase actuarial, technical or other services, and such services shall be available to all members and subscribers w…
ORS 737.365 Cooperative activities among rating organizations and insurers. (1) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter hereby is authorized, provided the filings resulting from such cooperation are subject to and consistent with those sections which are applicable to filings generally
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(2) The Director of the Department of Consumer and Business Services may review such cooperative activities and practices and if, after a hearing, the director finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with this chapter, the dire…
ORS 737.370 [Amended by 1967 c.359 §322; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.375 [Amended by 1967 c.359 §323; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.380 [Amended by 1967 c.359 §324; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.385 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.386 [1967 c.359 §325; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.390 Regulation of joint underwriting and joint reinsurance. No group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall engage in any activity which is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter. [Amended by 1967 c.359 §326; 1969 c.690 §22]
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[Repealed or reserved.]
ORS 737.505 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
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(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 p…
ORS 737.510 Advisory organizations; registration; jurisdiction of director to restrict unfair practices. (1) Every advisory organization shall file with the Director of the Department of Consumer and Business Services
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(a) A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities. (b) A list of its members. (c) The name and address of a resident of this state upon whom notices may be…
ORS 737.512 [1959 c.324 §2; 1967 c.359 §316; renumbered 737.346]
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[Repealed or reserved.]
ORS 737.515 Examination of rating, advisory and other organizations; payment of costs; acceptance of report from another state. (1) The Director of the Department of Consumer and Business Services shall make or cause to be made an examination of each rating and advisory organization complying with and referred to in ORS 737.350 or 737.510 and of each organization referred to in ORS 737.390 as often as the director deems expedient
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(2) The reasonable costs of any such examination shall be paid by the organization examined, upon presentation to it of a detailed account of such costs. The officers, manager, agents and employees of any such organization may be examined at any time under oath and shall exhibit …
ORS 737.520 [Amended by 1967 c.359 §330; repealed by 1969 c.690 §29]
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[Repealed or reserved.]
ORS 737.525 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.526 Interchange of data; rules; promoting uniformity of rating laws. (1) Reasonable rules and plans may be promulgated by the Director of the Department of Consumer and Business Services for the interchange of data necessary for the application of rating plans
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(2) In order to further uniform administration of rate regulatory laws, the director and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult and …
ORS 737.530 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.535 Withholding or giving false information prohibited. No person shall willfully withhold information from or knowingly give false or misleading information to the Director of the Department of Consumer and Business Services, to any statistical agency designated by the director, to any rating organization, or to any insurer, which will affect the rates or premiums chargeable under this chapter. [Amended by 1967 c.359 §332; 1969 c.690 §24]
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[Repealed or reserved.]
ORS 737.540 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.545 Procedure for suspension of rating organization license. The Director of the Department of Consumer and Business Services may suspend the license of any rating organization which fails to comply with an order of the director within the time limited by such order, or any extension thereof which the director may grant. The director shall not suspend the license of any rating organization for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The director may determine when a suspension of license shall become effective, and it shall remain in effect for the period fixed by the director, unless the director modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed. [Amended by 1967 c.359 §333]
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[Repealed or reserved.]
ORS 737.547 [1971 c.734 §183; repealed by 1975 c.769 §10]
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[Repealed or reserved.]
ORS 737.550 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.555 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 737.560 Rating organization membership. (1) Except as provided in subsection (2) of this section, nothing contained in this chapter shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization
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(2) Each workers’ compensation insurer, including the State Accident Insurance Fund Corporation, shall be a member of a licensed workers’ compensation rating organization. [Amended by 1967 c.359 §334; 1969 c.690 §25; 1981 c.535 §21; 1999 c.235 §5] FICTITIOUS GROUPINGS
ORS 737.600 Fictitious grouping for rate purposes prohibited; rules; exceptions. (1) As used in this section, “fictitious grouping” means a grouping by way of membership, license, franchise, contract, agreement or any method other than common ownership, or use and control
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(2) An insurer may not: (a) Make available, through any rating plan or form, property, inland marine, casualty or surety insurance, or any combination thereof, at a preferred rate or premium to any person based upon a fictitious grouping of that person. (b) Write or deliver a for…
ORS 737.602 Authorization for insurance for certain projects; premiums; qualifications. (1) As used in this section
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(a) “Project” means a construction project, a plant expansion or improvements within Oregon with an aggregate construction value in excess of $90 million that is to be completed within a defined period. The average construction value during the defined period of the project must …
ORS 737.604 Rules. In addition to other rulemaking authority of the Director of the Department of Consumer and Business Services, the director may make rules
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(1) Stating the necessary attributes that a construction project of a project sponsor and the participants in the project must have in order to qualify for the grouping permitted under ORS 737.602. The rules may include but are not limited to matters regarding an appropriate trus…