20-363. Availability of services of rating
organization to members
A. Subject to rules and regulations that have been approved by the director as
reasonable, each workers' compensation rating organization shall permit any insurer
writing workers' compensation insurance in this state to become a member. The rating
organization shall give its members notice of proposed changes in its rules and
regulations.
B. Each rating organization shall furnish its rating services without
discrimination to its members.
C. Any member or insurer may request that the director review the reasonableness of
any rule or regulation in its application to members at a hearing held on at least ten
days' written notice to the rating organization and to the member or insurer. If the
director finds that the rule or regulation is unreasonable in its application, the
director shall order that the rule or regulation does not apply.
D. Every insurer writing workers' compensation insurance in this state, including
the state compensation fund, shall be a member of one workers' compensation rating
organization.
E. A rating organization shall have as members at least five insurers authorized to
write and who are writing workers' compensation insurance in this state and whose
combined experience is determined by the director to be reasonably adequate for rate
making purposes.
F. In a rating organization of which the state compensation fund is a member, the
state compensation fund shall be entitled, without election, to membership on any
committee established in connection with the operation of the rating organization in this
state. One-half of the members of each committee shall be chosen by the stock insurers
and one-half by the nonstock insurers.
G. Neither the provisions of this section nor the rules, regulations or rating
plans of a rating organization affect or apply to self-rating plans and rates and charges
fixed by the state compensation fund under section 23-983.
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