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tical Plan or the Uniform System of Classification, when approved, to the Director of the Legislative Counsel Bureau.
(Added to NRS by 1995, 2051; A 1997, 1452; 1999, 444, 2221, 2224; 2001, 154)
NRS 686B.1771 Plan for apportionment among insurers of persons entitled to insurance who have not been accepted by an insurer.
1. No insurer is required to issue to any particular employer a policy for industrial insurance.
2. The Commissioner shall approve a plan submitted by the Advisory Organization for equitable apportionment among insurers of those persons who in good faith are entitled to insurance but who have not been accepted by an insurer. Every insurer shall participate in the plan. The Commissioner shall adopt regulations to carry out the plan.
3. The Advisory Organization shall submit to the Commissioner the rates, supplementary rate information and forms for policies for the plan at least 60 days before they become effective. The rates submitted to the Commissioner must:
(a) Reflect the experience of the persons insured pursuant to the plan to the extent that those rates are actuarially appropriate.
(b) Be actuarially determined to ensure that the plan is self-sustaining.
4. The Commissioner shall disapprove any rates for the plan which do not meet the standards of NRS 686B.050. The rates shall be deemed to be approved unless they are disapproved by the Commissioner within 60 days after they are filed pursuant to the procedures in NRS 686B.1775.
(Added to NRS by 1995, 2051; A 1997, 973; 1999, 428)
NRS 686B.1772 Insurers to adhere to Uniform System of Classifications of Risks and Uniform Plan for Rating Experience; subclassifications for Uniform System of Classification.
1. Every insurer shall adhere to the Uniform System of Classifications of Risks and Uniform Plan for Rating Experience filed with the Commissioner by the Advisory Organization.
2. Any insurer may develop a subclassification or subclassifications for the Uniform System of Classification. Any subclassification must be filed with the Commissioner 60 days before it becomes effective. The Commissioner shall disapprove the subclassification if the insurer fails to show the data to be produced by it will be consistent with the Uniform Statistical Plan and System of Classification filed by the Advisory Organization with the Commissioner.
(Added to NRS by 1995, 2051)
NRS 686B.1773 Insurers to record and report certain information and adhere to manual of rules and Uniform Plan for Rating Experience.
1. Every insurer shall:
(a) Record and report its experience and losses for policies of industrial insurance to the Advisory Organization in a form consistent with the Uniform Statistical Plan approved by the Commissioner; and
(b) Adhere to the manual of rules and Uniform Plan for Rating Experience when providing or reporting its business for industrial insurance.
2. No insurer may agree with another insurer or the Advisory Organization to adhere to a manual of rules which is not reasonably related to the recording or reporting of data according to the Uniform Statistical Plan or Uniform System of Classifications filed by the Advisory Organization.
(Added to NRS by 1995, 2051)
NRS 686B.1774 Commissioner to determine whether interaction among insurers and employers is competitive.
1. The Commissioner shall determine whether the interaction among insurers and employers for the buying and selling of industrial insurance is competitive. Competition among these insurers is presumed to exist unless the Commissioner specifically finds, after a hearing and review of the structure, performance and conduct of the insurers, that there is no reasonable degree of competition among them and that the interaction is not competitive. Any finding by the Commissioner that there is no competition among the insurers and that the interaction is not competitive, expires 1 year after the date it is issued.
2. To determine whether competition exists among insurers, the Commissioner shall review existing information available to him or participate in the development of new sources of such information. He may conduct his own studies, cooperate with knowledgeable officers in other states, hire outside consultants or conduct studies in any other appropriate manner.
(Added to NRS by 1995, 2052; A 1997, 1456; 1999, 2224)
NRS 686B.1775 Filing of rates and supplementary rate information by insurer with Commissioner; findings of Commissioner.
1. Each insurer shall file with the Commissioner all the rates, supplementary rate information, supporting data, and changes and amendments thereof, except any information filed by the Advisory Organization, which the insurer intends to use in this state. An insurer may adopt by reference any supplementary rate information or supporting data that has been previously filed by that insurer and approved by the Commissioner. The filing must indicate the date the rates will become effective. An insurer may file its rates pursuant to this subsection by filing:
(a) Final rates; or
(b) A multiplier and, if used by an insurer, a premium charged to each policy of industrial insurance regardless of the size of the policy which, when applied to the prospective loss costs filed by the Advisory Organization pursuant to NRS 686B.177, will result in final rates.
2. Each insurer shall file the rates, supplementary rate information and supporting data pursuant to subsection 1:
(a) Except as otherwise provided in subsection 4, if the interaction among insurers and employers is presumed or found to be competitive, not later than 15 days before the date the rates become effective.
(b) If the Commissioner has issued a finding that the interaction is not competitive, not later than 60 days before the rates become effective.
3. If the information supplied by an insurer pursuant to subsection 1 is insufficient, the Commissioner shall notify the insurer and require the insurer to provide additional information. The filing must not be deemed complete or available for use by the insurer and review by the Commissioner must not commence until all the information requested by the Commissioner is received by him. If the requested information is not received by the Commissioner within 60 days after its request, the filing may be disapproved without further review.
4. If, after notice to the insurer and a hearing, the Commissioner finds that an insurer’s rates require supervision because of the insurer’s financial condition or because of rating practices which are unfairly discriminatory, the Commissioner shall order the insurer to file its rates, supplementary rate information, supporting data and any other information required by the Commissioner, at least 60 days before they become effective.
5. For any filing made by an insurer pursuant to this section, the Commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
6. Except as otherwise provided in subsection 1, every rate filed by an insurer must be filed in the form and manner prescribed by the Commissioner.
7. As used in this section, “supporting data” means:
(a) The experience and judgment of the insurer and of other insurers or of the Advisory Organization, if relied upon by the insurer;
(b) The interpretation of any statistical data relied upon by the insurer;
(c) A description of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the Commissioner.
(Added to NRS by 1995, 2052; A 1997, 1453; 1999, 444, 2221, 2224; 2001, 154)
NRS 686B.1777 When Commissioner may require supporting information regarding rates; when hearing is required for disapproval of rates.
1. If the Commissioner finds that:
(a) The interaction among insurers is not
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