OAR 836-042-0015
Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations

(1) Every workers’ compensation insurer shall file with the Director copies of the workers’ compensation insurance premium rates to be used by it. An insurer may satisfy this requirement by authorizing the Director to accept on its behalf the provisions for claims payment filed by a rating organization in accordance with section (4) of this rule, to the extent the insurer uses the classification system of the rating organization, and by specifying the factors by which every such provision shall be multiplied to make allowances for expenses, taxes or profit and a rule for rounding each such provision after multiplication.
(2) Workers’ compensation insurance premium rates based on loss costs of a licensed rating organization filed by an insurer must include the information listed on the Division of Financial Regulation (DFR) website or be accompanied by the NAIC Loss Cost Data Entry Document and the NAIC Loss Cost Filing Document for Workers’ Compensation.
(3) Every filing of workers’ compensation insurance premium rates, rating plans or rating systems by an insurer and every filing of workers’ compensation insurance rating plans, rating systems or provisions for claim payment by a rating organization must be submitted to the Director for review prior to becoming effective.
(4) The effective date of a workers’ compensation insurance filing required by section (3) of this rule to be submitted to the Director for review shall be the date specified therein but not earlier than the 30th day after the date the filing is received by the Director, or the 30th day after the date of receipt of supporting information, whichever is later. If the Director has reviewed the filing prior to expiration of the waiting period, the Director may authorize an effective date prior to the expiration of the waiting period but not earlier than the date such written application and any required supporting information is received. The 30 day period may be extended to 60 days if the Director gives written notice within such waiting period to the insurer or rating organization which made the filing that the extended period is needed for consideration of such filing. A filing subject to this section shall be deemed to meet the requirements of ORS Chapter 737 (Rates and Rating Organizations) unless disapproved by the Director within the waiting period or extension thereof.
(5) An insurer may authorize the Director to accept on its behalf the workers’ compensation insurance rating plans or rating systems filed by a licensed rating organization of which it is a member when such filings have been approved by the Director and to the extent such plans or systems are complete and usable without addition of allowances for expenses, taxes or profit. When such plans and systems are not complete and usable, an insurer may file for review by the Director supplementary systems or values providing allowances for expenses, taxes or profit to be used in conjunction with such workers’ compensation insurance rating plans and rating systems. An insurer may so adopt the rating plans and rating systems of a rating organization on part of the classifications of risks insured by it and may make its own filings as to other classifications.
(6)(a) Nothing in this rule should be construed to require any insurer to adopt any rating plan or rating system filed by a rating organization and approved by the Director nor to prohibit any insurer from filing any workers’ compensation insurance rating plan or rating system which supplements or differs from any rating plans or rating systems filed by a rating organization; and
(b) Notwithstanding subsection (a) of this section, workers’ compensation insurers shall adopt the experience rating plan established by the rating organization, or an alternative plan designed to promote worker safety approved by the Director, to be applied on a uniform basis.
(7) A licensed rating organization may assist any member with filing workers’ compensation insurance premium rates, rating plans or rating systems following instructions from such member as to the provisions for expenses, taxes and profit appropriate for its use.
(8)Section (6) of this rule, as amended effective July 28, 1998, applies to actions taken by insurers under that section on and after June 24, 1998.
[ED. NOTE: Exhibits referenced are available from the agency.]
[Publications: Publications referenced are available from the agency.]

Source: Rule 836-042-0015 — Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-042-0015.

836–042–0001
Statutory Authority 836–042–0005
Definitions 836–042–0015
Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0020
Insurers Must Demonstrate Statistical Reporting Ability 836–042–0025
Workers’ Compensation Filings Standards for Unfair Discrimination 836–042–0035
Workers’ Compensation Policy Forms Filings by Insurers 836–042–0040
Statutory Authority 836–042–0043
Definition 836–042–0045
Workers’ Compensation Statistical Plan 836–042–0050
Statutory Authority 836–042–0055
Definitions, Payroll Inclusions and Exclusions 836–042–0060
Conditions for Division of Payroll of Individual Employees 836–042–0070
Statutory Authority and Purpose 836–042–0075
Definitions 836–042–0080
Rate Filing Requirements and Standards 836–042–0085
Statistical Data Maintenance and Reporting Requirements 836–042–0090
Trade Practices Found Injurious to the Insurance-Buying Public 836–042–0100
Statutory Authority and Purpose 836–042–0105
Definitions 836–042–0110
Rate Filing Requirements 836–042–0115
Trade Practices Found Injurious to the Insurance Buying Public 836–042–0201
Statutory Authority 836–042–0205
Definitions 836–042–0210
Rating Plans for which Employers May Be Combined 836–042–0215
Consent to Group Rating Required Before Policy Issuance 836–042–0220
Filing Requirements and Procedural Rules 836–042–0225
Criteria for Grouping 836–042–0300
Statutory Authority 836–042–0302
Definitions 836–042–0304
Fictitious Arrangement Prohibited 836–042–0306
Premium Rates 836–042–0308
Statistics 836–042–0310
Producers 836–042–0312
Compulsory Participation Prohibited 836–042–0314
Tie-In Sales Prohibited 836–042–0316
Disclosure Required 836–042–0318
Underwriting Standards 836–042–0320
Cancellation and Non-Renewal 836–042–0322
Compulsory Facilities 836–042–0400
Statutory Authority 836–042–0405
Definitions 836–042–0410
Commercial Risks 836–042–0415
Day Care Facilities 836–042–0420
Anniversary Filings 836–042–0425
Statistics 836–042–0430
Disclosure Required for Day Care Facilities 836–042–0501
Statutory Authority 836–042–0505
Definitions 836–042–0510
Rates, Rating Plans System — Prior Review 836–042–0512
Specified Commercial Liability Markets 836–042–0515
Commercial Liability Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0520
Supporting Data
Last Updated

Jun. 8, 2021

Rule 836-042-0015’s source at or​.us