US Lawyer Database

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 […]

33-16-1023. 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. […]

33-16-1024. Repealed

33-16-1024. Repealed. Sec. 22, Ch. 320, L. 2015. History: En. Sec. 6, Ch. 186, L. 1995; amd. Sec. 5, Ch. 276, L. 1997.

33-16-1025. Interchange of rating plan — data exchange — cooperative action in ratemaking — violation of part

33-16-1025. Interchange of rating plan — data exchange — cooperative action in ratemaking — violation of part. (1) Reasonable rules and plans may be adopted by the commissioner for the interchange of data necessary for the application of rating plans. (2) To ensure conformity in administering rate regulatory laws, the commissioner, each insurer, and the advisory organization […]

33-16-1026. Rate filings

33-16-1026. Rate filings. (1) A workers’ compensation advisory organization shall file with the commissioner: (a) workers’ compensation rates and rating plans that are limited to prospective loss costs; (b) each workers’ compensation policy form to be used by its members or subscribers; (c) the uniform classification plan and rules of the advisory organization; (d) the uniform experience rating plan and […]

33-16-1027. Rate filing review

33-16-1027. Rate filing review. (1) The commissioner shall review each insurance filing to ensure compliance with the following guidelines: (a) The effective date of each workers’ compensation insurer or advisory organization filing must be the date specified in the filing. The effective date of the filing may not be earlier than 30 days after the date on […]

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 […]