74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2250
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
CHAPTER ................
AN ACT
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 Oregon:
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.
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Enrolled House Bill 2250 (HB 2250-INTRO) Page 1
Passed by House March 14, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 15, 2007
...........................................................
President of Senate
Enrolled House Bill 2250 (HB 2250-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2250 (HB 2250-INTRO) Page 3