33-16-1033. Advisory organization — permitted activity
33-16-1033. Advisory organization — permitted activity. An advisory organization may: (1) develop statistical plans, including class definitions; (2) collect statistical data from members, subscribers, or any other source; (3) prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plan. The data and adjustments must be in sufficient detail to […]
33-16-1034. Advisory organization — prohibited activity
33-16-1034. Advisory organization — prohibited activity. In addition to other prohibitions in this part, except as specifically permitted under 33-16-1033, an advisory organization may not compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit. History: En. Sec. 16, Ch. 186, L. 1995.
33-16-1035. Penalties — suspension of license
33-16-1035. Penalties — suspension of license. (1) The commissioner may impose upon a person or organization that violates 33-16-1020 through 33-16-1023 or 33-16-1025 through 33-16-1036 a penalty of not more than $500 for each violation. (2) If the commissioner determines that the violation is willful, the commissioner may impose a penalty of not more than $1,000 for […]
33-16-1036. Appeals from commissioner
33-16-1036. Appeals from commissioner. (1) An order, decision, or act of the commissioner under this part may be appealed to district court upon petition of a person aggrieved. (2) A petition for review must be filed within 60 days from notice of the order, decision, or act. The commencement of the proceeding does not affect enforcement or […]
33-16-1028. Improper rates — hearing
33-16-1028. Improper rates — hearing. (1) If the commissioner finds that a rate is not in compliance with 33-16-1021 or that a rate has been set in violation of 33-16-1032, the commissioner shall order that its use be discontinued for any policy issued or renewed after the date of the order, and the order may prospectively […]
33-16-1029. Restrictions on certain insurers — waiting period
33-16-1029. Restrictions on certain insurers — waiting period. (1) The commissioner may require that a particular insurer file any of its rates and supplementary rate information 30 days prior to the effective date of the rates, if the commissioner finds after a hearing that the protection of the interests of the insurer’s insureds and the public […]
33-16-1030. Delay of rates in noncompetitive market
33-16-1030. Delay of rates in noncompetitive market. (1) A 30-day waiting period may be implemented or extended under one of the following circumstances: (a) after finding that the market is not competitive under 33-16-1020, the commissioner adopts a rule requiring that any subsequent changes in rates or supplementary information must be filed with the commissioner at least […]
33-16-1031. Consent to rate
33-16-1031. Consent to rate. Notwithstanding any other provision of this part, upon the written consent of the insured, filed with the commissioner, a rate in excess of that determined in accordance with the other provisions of this part may be used on any specific risk. History: En. Sec. 13, Ch. 186, L. 1995.
33-16-1032. Acts reducing competition prohibited
33-16-1032. Acts reducing competition prohibited. (1) In this section, the word “insurer” includes two or more affiliated insurers engaged in joint or cooperative underwriting, investment management, marketing, servicing, or administration of their business and affairs as insurers and: (a) under common management; or (b) under common controlling ownership or under other common effective legal control. (2) An insurer or […]
33-16-1023. Membership in advisory organization
33-16-1023. Membership in advisory organization. (1) The commissioner shall designate one workers’ compensation advisory organization to assist the commissioner in gathering, compiling, and reporting relevant statistical information. Each workers’ compensation insurer shall record and report its workers’ compensation experience to the designated advisory organization as set forth in the uniform statistical plan approved by the commissioner. […]