§ 27-7.1-9.1 - Membership in rating organization.

SECTION 27-7.1-9.1

   § 27-7.1-9.1  Membership in ratingorganization. – (a) The director shall appoint one or more advisory organizations licensed inaccordance with § 27-9-22 to assist the director in gathering, compiling,and reporting relevant statistical information. Every workers' compensationinsurer shall record and report its workers' compensation experience to theadvisory organization as set forth in the uniform statistical plans submittedby the advisory organization to the director.

   (b) Except for corporations organized under chapter 7.2 ofthis title, each workers' compensation insurer shall be a member of an advisoryorganization. Each workers' compensation insurer may adhere to the policy termsfiled by the advisory organization.

   (c) Every workers' compensation insurer shall adhere to theuniform classification system and uniform experience rating plan as submittedto the director and which is presently in effect. The experience rating planshall be the exclusive means of providing prospective premium adjustments basedupon measurement of the loss-producing characteristics of an individual insured.

   (d) Subject to the approval of the director, the advisoryorganization shall develop and file rules reasonably related to the recordingand reporting of data pursuant to the uniform statistical plan, uniformexperience rating plan, and the uniform classification system.

   (e) The advisory organization shall not adopt any rule thatwould prohibit or regulate the payment of dividends, savings, or unabsorbedpremium deposits allowed or returned by insurers to their policyholders,members, or subscribers. A plan for the payment of dividends, savings, orunabsorbed premium deposits allowed or returned by insurers to theirpolicyholders is not considered a rating plan or system.