Chapter 275
AN ACT
HB 2250
Relating to surcharge on workers’ compensation rating plan for assigned
risk pool; amending ORS 737.322.
Be It Enacted by the People of
the State of
SECTION 1. ORS 737.322 is amended to read:
737.322. Notwithstanding
any other provision of this chapter:
[(1) The Director of the Department of Consumer and Business Services
shall not approve any workers’ compensation rate filing for an assigned risk
pool that provides for any surcharge. As used in this subsection, a “surcharge”
does not include a modification pursuant to an experience rating plan approved
by the director.]
[(2)] (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
subsection affects retrospective rating plans.
[(3)] (2) If the director disapproves a workers’ compensation
rate or rating plan and the insurer or rating organization requests a hearing
before the director, the burden of proof is upon the insurer or rating
organization to prove that the filing meets the requirements of this chapter.
[(4)] (3) If the director holds a hearing on an order
disapproving a workers’ compensation rate, rating plan or rating system, the
insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director
the just and legitimate costs of the hearing, including actual necessary
expenses.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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