ARTICLE 3. Rating and Other Organizations [11750. - 11759.2.]

Article 3 added by Stats. 1951, Ch. 1123.

§§ 11750–11759.2 · 44 sections

§ 11750 (a) The purpose of this article is to promote the public welfare by regulating concert of action between insurers in collecting and tabulating rating…
§ 11750.1 As used in this article, unless a different meaning is manifest, the term: (a) “Insurer” means every insurer authorized to transact workers’ compensation…
§ 11750.2 The provisions of this article shall apply to all workers’ compensation insurance and employer’s liability insurance incidental thereto and written in…
§ 11750.3 A rating organization may be organized pursuant to this article and maintained in this state for the following purposes: (a) To provide reliable statistics and…
§ 11751 On and after January 1, 1952, a rating organization shall not conduct its operations in this state without first having filed with the commissioner a written…
§ 11751.1 To obtain and retain a license, a rating organization shall provide satisfactory evidence to the commissioner that it shall do all of the following: (a) Permit…
§ 11751.2 The commissioner shall examine each application for license to act as a rating organization and the documents filed therewith and may make any further…
§ 11751.25 Notwithstanding Section 11751, each rating organization possessing a license of indefinite term pursuant to this article shall owe and pay to the commissioner…
§ 11751.3 (a) Subject to the approval of the commissioner, a rating organization licensed under this article may adopt any reasonable constitution, articles of…
§ 11751.35 (a) Four members of the public, two representing organized labor and two representing insured employers, appointed pursuant to subdivision (b) of Section…
§ 11751.4 From and after the taking effect of this act, it shall be the duty of every insurer to be a member of a rating organization. No insurer may at the same time…
§ 11751.5 The commissioner, after notice and hearing, may promulgate reasonable rules and statistical plans, which may be modified from time to time and which shall be…
§ 11751.55 If an insurer, the State Compensation Insurance Fund, a rating organization, or an advisory organization requests an official action by the commissioner under…
§ 11751.7 (a) The rating organization designated the statistical agent pursuant to Section 11751.5 shall provide to the Director of Industrial Relations, upon request,…
§ 11751.8 An insurer shall report to its rating organization as corrections or revisions of losses, pursuant to the unit statistical plan and uniform experience rating…
§ 11751.82 (a) An insurer under a wrap-up insurance policy shall report workers’ compensation losses and payroll information for each contractor and subcontractor to its…
§ 11751.9 Whenever a claim or claims used in an experience rating are closed and reported pursuant to the unit statistical plan approved by the commissioner and are…
§ 11752 The commissioner may, as often as reasonable and necessary, make or cause to be made an examination of each rating or advisory organization to ascertain…
§ 11752.1 The officers, managers, agents and employees of any such organization may be examined by the commissioner at any time under oath and shall exhibit all books,…
§ 11752.2 The reasonable cost of any examination authorized by this article of any rating or advisory organization shall be paid by the organization examined.
§ 11752.5 (a) Subject to subdivision (b), a licensed rating organization shall make available any policy information contained in its records to the following: (1) The…
§ 11752.6 (a) A licensed rating organization shall make available, in writing, to an employer insured under a workers’ compensation policy, all policyholder information…
§ 11752.7 (a) A licensed rating organization may make available experience rating information contained in its records to any insurer admitted to transact workers’…
§ 11752.75 (a) (1) Notwithstanding any other provision of law, a licensed rating organization shall, pursuant to regulations adopted by the commissioner after notice and…
§ 11752.8 (a) For all policies of insurance issued, or renewed for the first time on or after January 1, 1995, the insurer shall provide a notice, approved by the…
§ 11752.9 Notwithstanding subdivision (d) of Section 11750.3, a rating organization shall provide a policyholder with written notification if it imposes a change in the…
§ 11753 No advisory organization shall conduct its operations in this State unless and until it has filed with the commissioner: a. A copy of its constitution,…
§ 11753.1 (a) Any person aggrieved by any decision, action, or omission to act of a rating organization may request that the rating organization reconsider the decision,…
§ 11753.2 (a) If a change in a classification assignment on a workers’ compensation insurance policy is due to an erroneous classification and results in a decreased…
§ 11753.3 Notwithstanding Section 1851.1, a workers’ compensation insurance rating organization licensed pursuant to the provisions of this article which does not make…
§ 11754 If the commissioner has good cause to believe that a rating or advisory organization or an insurer does not comply with the requirements of this article…
§ 11754.1 If the commissioner has good cause to believe such noncompliance to be wilful, or if within the period prescribed by the commissioner in the notice required by…
§ 11754.2 If, after a hearing pursuant to Section 11754.1, the commissioner finds: a. That any rating or advisory organization or other organization authorized by this…
§ 11754.3 In addition to other penalties provided in this code the commissioner may suspend or revoke the license of any rating organization or insurer which fails to…
§ 11754.4 Except as otherwise provided in this article, all proceedings in connection with the denial, suspension or revocation of a license of a rating organization or…
§ 11754.5 Any finding, determination, rule, ruling, or order made by the commissioner under this article or Article 2 (commencing with Section 11730) shall be subject to…
§ 11755 No person, insurer, rating or advisory organization shall willfully withhold information from, or knowingly give false or misleading information to, the…
§ 11756 (a) Any person, insurer, or organization, who fails to comply with a final order of the commissioner under this article shall be liable to the state in an…
§ 11757 Nothing in this article shall be construed to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by…
§ 11758 No act done, action taken or agreement made pursuant to the authority conferred by this article shall constitute a violation of or grounds for prosecution or…
§ 11758.1 The provisions of this article shall not apply to the workers’ compensation insurance covering those persons defined as employees by subdivision (d) of Section…
§ 11759 The Legislature hereby finds and declares as follows: The Legislature pursuant to its plenary power over workers’ compensation granted by Section 4 of Article…
§ 11759.1 A rating organization shall, no later than June 1 of each year, notify the Governor and the Legislature that a report containing an analysis of all losses and…
§ 11759.2 (a) A licensed rating organization designated as the Insurance Commissioner’s statistical agent shall prepare a report to be submitted to the Insurance…