OAR 836-085-0217: Employer Failure to Cooperate; Appeal

(1) As provided in this rule, sections (2) and (3) of OAR 836-085-0215 do not apply if the rating organization is unable to calculate the modification factor for an insured employer because the employer has failed to cooperate in audits or because of other material fault attributable to the employer or an agent of the employer. (2) An employer may appeal application of experience modification factors under section (1) of this rule by applying to the administrator of the Division of Financial Regulation for a hearing not later than the 30th day after the insurer notifies the employer that the insure intends to apply the factors because of the employer’s noncooperation or other material fault. The administrator shall hold a hearing on the appeal as provided in ORS 737.505, and may affirm or deny the appeal. (3) An appeal under section (2) of this rule shall stay the application of the experience modification factors under section (1) of this rule.