OAR 836-043-0320
Competitive Selection Process; Designation of a Workers’ Compensation Statistical Agent

(1)

When the Director licenses more than one workers’ compensation rating organization, the Director shall notify each licensed rating organization of the Director’s intent to begin a competitive process for selecting a statistical agent for gathering workers’ compensation insurance data. Only a licensed workers’ compensation rating organization may apply for designation as the statistical agent.

(2)

The notification required in section (1) of this rule shall describe the competitive process and establish a deadline for applications and related submissions.

(3)

Upon receipt of notice of the Director’s intent to begin a selection process, and licensed rating organization may, in writing to the Director, waive its right to pursue selection as the designated statistical agent.

(4)

Each applicant for designation as the statistical agent must submit the following with its proposal:

(a)

A compilation plan that provides for:

(A)

A flow of required data to the state;

(B)

A flow of statewide compiled data to all rating organizations and their member insurers, and interested agents and insured employers; and

(C)

A flow of individual insured employer data necessary for employerexperience rating and other individual employer rating of the insured employers of each rating organization’s members to each rating organization and their member insurers, and the authorized agents of the insured employers and the insured employers;

(b)

A plan for assuring timeliness, oversight and quality control of data received from the rating organizations;

(c)

A description of the level of professional staffing the applicant will dedicate as statistical agent to serving the State of Oregon and rating organizations;

(d)

A description of the capacity and quality of the applicant’s electronic data processing system dedicated to the workers’ compensation rating system in Oregon;

(e)

A description of the applicant’s availability to rating organizations in Oregon and its ability to assist them with their operations;

(f)

A waiver of all intellectual property rights in compilations of Oregon data required to be prepared by the statistical agent; and

(g)

A statement of fees that the applicant will charge rating organizations for statistical agent services with adequate itemization of the components of the fees to demonstrate they are reasonable and not excessive for the services provided

(5)

The Director, upon completing a review of all applications with supporting material and such other information as the Director may require, shall designate one rating organization to serve as the statistical agent for a period of three years.

(6)

The Director may extend the designation of the current statistical agent pending the competitive selection process. In the event the current statistical agent is unable or unwilling to continue, the Director may designate a temporary statistical agent pending the completion of the competitive selection process.

(7)

The statistical agent may establish and assess reasonable fees against all licensed rating organizations. The statistical agent must first demonstrate to the Director that the fees will minimize costs to rating organizations without compromising data quality controls and its performance of other statutory responsibilities.

Source: Rule 836-043-0320 — Competitive Selection Process; Designation of a Workers’ Compensation Statistical Agent, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-043-0320.

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 836-043-0320’s source at or​.us