Notwithstanding any other provision of this chapter: (1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers compensation rating plans that include provisions allowing for reasonable retroactive application of experience rating modification factors. Nothing in this subsection affects retrospective rating plans. (2) If the director disapproves a workers compensation rate or rating plan and the insurer or rating organization requests a hearing before the director, the burden of proof is upon the insurer or rating organization to prove that the filing meets the requirements of this chapter. (3) If the director holds a hearing on an order disapproving a workers compensation rate, rating plan or rating system, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses.
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