Oregon Statutes 737.318 – Premium audit program for workers compensation insurance; rules; penalties
(1) A workers’ compensation insurer shall maintain a premium audit program to aid in achieving equitable premium charges to Oregon employers and for the collection of credible statewide data for ratemaking.
Terms Used In Oregon Statutes 737.318
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) The Director of the Department of Consumer and Business Services shall prescribe by rule a premium audit program system for workers’ compensation insurance.
(3) The premium audit system shall include provisions for:
(a) Employer education of the audit reporting function of the rating system;
(b) A continuing test audit program providing for auditing of all insurers;
(c) A continuous monitoring of the audit program system pursuant to ORS § 737.235;
(d) An appeal process pursuant to ORS § 737.505 for employers to question the results of a premium audit. This process must include written notification to the employer that is included in the final premium audit billing that informs the employer of appeal rights to the director under ORS § 737.505, of the requirement that a written request to initiate an appeal must be received by the director not later than the 60th day after the employer receives the final premium audit billing and of any other information the director may request by rule; and
(e) Civil penalties pursuant to ORS § 731.988 for violations of prescribed standards of the premium audit system.
(4) Notwithstanding ORS § 737.505, the provisions of this section apply to all premium audit disputes between employers and insurers in existence on July 20, 1987, regardless of the policy year involved or the date of the final audit billing. [1987 c.884 § 8; 1999 c.1020 § 5]