2005 Idaho Code - 41-1614 — DEVIATIONS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 16
                         WORKMEN'S COMPENSATION RATES
    41-1614.  DEVIATIONS. (1) Every member of a rating organization shall
adhere to the filings made on its behalf by such organization except that any
such insurer may make written application to the director for permission to
file a uniform percentage decrease or increase to be applied to the premiums
produced by the rating system so filed for a kind of insurance or for a class
of insurance which is found by the director to be a proper rating unit for the
application of such uniform percentage decrease or increase, or for a
subdivision of a kind of insurance (a) comprised of a group of manual
classifications which is treated as a separate unit for rate-making purposes,
or (b) for which separate expense provisions are included in the filings of
the rating organization. Such applications shall specify the basis for the
modification and shall be accompanied by the data upon which the applicant
relies. A copy of the application and data shall be sent simultaneously to
such rating organization.
    (2)  The director shall set a time and place for a hearing at which the
insurer and such rating organization may be heard and shall give them notice
thereof in accordance with chapter 2, title 41, Idaho Code. In the event the
director is advised by the rating organization that it does not desire a
hearing he may, upon the consent of the applicant, waive such hearing. In
permitting or denying such modification with respect to worker's compensation
insurance the director shall give consideration to the operating methods and
expense provisions of the insurer as compared with the expense provisions
included in the rating system filed by such rating organization.
    (3)  The director shall issue an order permitting the modification for
such insurer to be filed if he finds it to be justified and it shall thereupon
become effective. He shall issue an order denying such application if he finds
that the modification is not justified or that the resulting premiums would be
excessive, inadequate or unfairly discriminatory.
    (4)  Each deviation permitted to be filed shall be effective for a period
of one (1) year from the date of such permission unless terminated sooner with
the approval of the director.