Section 0780-01-54-.10 - RATES AND RATE REPORTING(1) Every pool shall adhere to the uniform classification system, uniform experience rating plan, and manual rules of the designated rate service organization. A pool may request permission from the Commissioner to vary from such manual rules. No permission granted by the Commissioner may be relied upon by a pool unless the variance is in writing.(2) Every pool shall use the advisory prospective loss cost approved by the Commissioner pursuant to T.C.A. §§ 50-6-402 and 56-5-306.(3) Premium contributions to the pool shall be determined by applying the manual rates and rules of the designated rate service organization.(4) Each pool shall file with the Commissioner its loss cost multiplier and supporting information not later than fifteen (15) days after the effective date and at least annually thereafter at least fifteen (15) days prior to the pool's renewal date. Multipliers shall apply to the most recently approved, currently effective advisory prospective loss cost. All multipliers filed pursuant to this Paragraph shall be actuarially justified and shall be certified by a qualified actuary.(5) Each pool may be audited by an auditor acceptable to the Commissioner to verify proper classifications, experience rating, payroll and rates in conformance with the standards and rules of the designated rate service organization. A report of the audit shall be filed with the Commissioner in a form acceptable to the Commissioner within sixty (60) days of such audit. All such audits shall be prepared at the expense of the pool.(6) Each pool shall provide to its members a method by which a member may appeal the application of the pool's rating system to the member. If the pool fails to grant or reject such request within thirty (30) days of receiving the written appeal, the member may proceed in the same manner as if the application had been rejected. Any party affected by the pool's final decision may, within thirty (30) days of the decision, appeal the decision to the Commissioner.(7) If the Commissioner determines that, as a result of an improper application of the pool's rating system or violation of this Chapter, the pool has improperly calculated the premium rates of a member, the Commissioner may order the pool to assess the member or refund premiums collected in order to correct the rate charged the member.Tenn. Comp. R. & Regs. 0780-01-54-.10
Original rule filed April 8, 1986; effective May 8, 1986. Repeal and new rule filed August 31, 2005; effective November 14, 2005.Authority: T.C.A. §§ 50-6-405(c) and (h) and 50-6-414.