OAR 836-043-0009
Participation by Insurers and Insurance Producers

(1)

All insurers authorized to transact workers’ compensation insurance in Oregon are required to participate in the Plan and subscribe to the organizing principles for Oregon.

(2)

Failure of an insurer to comply with the Plan is grounds for revocation of the insurer’s certificate of authority to transact workers’ compensation insurance.

(3)

Each insurance producer who is authorized to transact the class of property and casualty insurance is authorized to transact workers’ compensation insurance offered by the Plan. The Director of the Department of Consumer and Business Services may terminate a producer’s authority under this section for cause.

(4)

An insurer may terminate participation in this Plan as of the close of the calendar year in which its authority to write workers’ compensation is terminated. With respect to all policies in force on the effective date of an insurer’s termination, the liability of the terminating insurer will cease on the succeeding anniversary date of each such policy. Termination of participation does not discharge or otherwise affect liabilities incurred prior to the anniversary date of such policies, and the insurer will be charged or credited in due course with the insurer’s proper share of all expenses, losses, and profits allocable thereof.

(5)

All insurers participating in the Plan through the Reinsurance Agreements provided for in the organizing principles shall share in the writings, expenses, servicing allowance and losses. Each insurer’s participation in the Plan shall:

(a)

Be in the proportion that the total net premiums of all members participating in the Plan in Oregon during the preceding calendar years bear to the aggregate direct premiums written in Oregon during the preceding calendar years by all insurers participating through the Reinsurance Agreements;

(b)

Except as provided in OAR 836-043-0017 (Plan Administrator)(2)(k), exclude that portion of the premiums attributable to the operation of the Plan; and

(c)

Be determined on the basis of the direct premiums as reported in the most recent annual reports filed with the regulatory authority.

Source: Rule 836-043-0009 — Participation by Insurers and Insurance Producers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-043-0009.

836‑043‑0001
Statutory Authority 836‑043‑0005
Definitions for the Workers’ Compensation Insurance Plan 836‑043‑0009
Participation by Insurers and Insurance Producers 836‑043‑0017
Plan Administrator 836‑043‑0021
Servicing Carriers 836‑043‑0024
Right to Apply 836‑043‑0028
Application by Electronic Transmission or Telephone 836‑043‑0032
Nonelectronic Application 836‑043‑0034
Surety Bonds 836‑043‑0041
Application Review 836‑043‑0044
Binding Coverage 836‑043‑0046
Rates and Forms, Policy Term, Additional Coverages and Other Provisions 836‑043‑0048
Additional States’ Coverage 836‑043‑0050
Interstate Assignments 836‑043‑0053
Premium Obligations 836‑043‑0056
Insurer Cancellation and Nonrenewal of Workers’ Compensation Insurance Policies or Surety Bonds 836‑043‑0060
Assignment Formula 836‑043‑0062
Issuance and Continuation of Policy 836‑043‑0064
Renewal, Nonrenewal 836‑043‑0066
Reassignment 836‑043‑0068
Cancellation 836‑043‑0071
Dispute Resolution Procedures 836‑043‑0072
Voluntary Coverage 836‑043‑0076
Takeout Credit 836‑043‑0079
Notification of Outstanding Premium 836‑043‑0082
Policyholder Services 836‑043‑0087
Producer Changes and Compensation 836‑043‑0089
Confidentiality of Information 836‑043‑0091
Self-Funded Plan 836‑043‑0101
Statutory Authority 836‑043‑0105
Definitions 836‑043‑0110
Insurer Premium Audit Program 836‑043‑0115
Insurer Audit Procedure Guide 836‑043‑0120
Minimum Standards of Insured Education Program 836‑043‑0125
Purpose 836‑043‑0130
Selection of Risks for Test Audit 836‑043‑0135
Test Audits 836‑043‑0145
Disposition of Test Audits 836‑043‑0150
Summary of Test Audit Results 836‑043‑0155
Test Audit Standards 836‑043‑0165
Monitoring Audit Program System 836‑043‑0170
Premium Audit Hearings 836‑043‑0175
Statutory Authority 836‑043‑0180
Definitions 836‑043‑0185
Insurer Classification Notice 836‑043‑0200
Statutory Authority 836‑043‑0210
Definitions 836‑043‑0220
Committee Participation 836‑043‑0230
Committee Operating Rules 836‑043‑0240
Committee Activities 836‑043‑0300
Qualifications for Workers’ Compensation Rating Oganizations 836‑043‑0310
Exchange of Data Among Workers’ Compensation Rating Organizations 836‑043‑0320
Competitive Selection Process
Last Updated

Jun. 8, 2021

Rule 836-043-0009’s source at or​.us