Or. Admin. Code § 836-043-0220

Current through Register Vol. 63, No. 11, November 1, 2024

Section 836-043-0220 - Committee Participation

(1) The Committee shall consist of seven voting and one nonvoting member as follows:

(a) Five voting members shall be insurers, one of which shall be the State Accident Insurance Fund Corporation. No two insurers that share common ownership or management so as to meet the definition of a controlled group under Sections 851(c)(3) or 1563(a) of the Internal Revenue Code shall serve together on the Committee;

(b) One voting member shall be an Oregon Workers' Compensation insured;

(c) One voting member shall be a "public body" as defined by ORS 192.410(1);

(d) The nonvoting member shall be the Director or the Director's designee.

(2) The Committee officers are as follows:

(a) Chairperson shall be the Director, or Director's designee;

(b) First Vice-chairperson and Second Vice-chairperson shall be elected by insurer voting members for annual terms provided that one of the vice-chairpersons be the State Accident Insurance Fund Corporation.

(c) Recording Secretary shall be a representative of the NCCI.

(3) Committee members shall be selected as follows:

(a) The Director shall appoint the insured member and public body members;

(b) The Director shall appoint the insurer members as follows:

(A) NCCI shall compile a list of nominees which the Director is to consider when making such appointments. The Director, however, is not required to appoint any of the nominees presented by NCCI;

(B) The list of nominees complied by NCCI shall contain no fewer than seven candidates, one of which shall be the State Accident Insurance Fund Corporation;

(C) The nominees presented by NCCI shall possess expertise in the application of the Oregon workers' compensation rating system;

(D) The nominees presented by NCCI shall, to the extent possible, represent on a written premium basis a balance between stock and non-stock insurers;

(E) NCCI shall provide the list of nominees to the Director 30 days prior to the date the Director is required to make the appointments;

(F) When an appointment is made, the Director will immediately notify NCCI regarding the identity of the insured member and public body members;

(G) In the event the Director fails to make any such appointment, the members serving on the Committee for the term immediately preceding shall continue to serve until such time as a new appointment is made.

(c) Each member appointed by the Director shall furnish to the Director, and to the NCCI the names, addresses, and telephone and facsimile numbers of the individuals which it has selected to serve as its representative and alternate on the Committee.

(4) Each insurer member's term on the Committee shall be for three years. The insurer members shall serve staggered terms. For the first term, two insurer members shall be selected for one year terms, two shall be selected for two year terms, and one shall be selected for a three year term.

(5) The insured member and public body members shall each serve for a one year term.

(6) Vacancies on the Committee shall be filled for the remainder of the unexpired term pursuant to section (3) of this rule. Newly appointed members shall be from the same class as the retiring member.

(7) Members shall be reimbursed by NCCI for the reasonable expenses connected with the Committee functions, including, but not limited to, travel expenses, food and lodging. Such reimburse-ment may be provided as a per diem allowance. Members shall receive no other compensation for their participation.

Or. Admin. Code § 836-043-0220

ID 11-1992, f. 6-9-92, cert. ef. 6-15-92

Stat. Auth.: ORS 731.244, ORS 737.310(13) & ORS 737.526(1)

Stats. Implemented: ORS 737.310(13) & ORS 737.526