West Virginia Code § 23-2C-18a

Designation of rating organization
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(a) For the purposes of this section:
(1) "Classification system" or "classification" means the plan, system or arrangement for
grouping risks with similar characteristics or a specified class of risk by recognizing
differences in exposure to hazards.
(2) "Experience rating" means a statistical procedure utilizing past risk experience to
produce a prospective premium credit, debit or unity modification.
(3) "Prospective loss costs" means historical aggregate losses and loss adjustment expenses
projected through development to their ultimate value and through trending to a future
point in time. Prospective loss costs do not include provisions for profit or expenses other
than loss adjustment expenses. a
(4) "Statistical plan" means the plan, system or arrlangement used in collecting data for
ratemaking or other purposes.
(b) The Insurance Commissioner shall designate one rating organization to:
(1) Assist the commissioner in gathering, compiling and reporting relevant statistical
information on an aggregate basis;
(2) Develop and administer, subject to approval by the commissioner, the uniform statistical
plan, uniform classificatLion plan and uniform experience rating plan;
(3) Develop and file manual rules, subject to the approval of the commissioner, that are
reasonably related to the recording and reporting of data pursuant to the uniform statistical
plan, uniform experience rating plan and the uniform classification plan; and
(4) WFile with the commissioner for approval all prospective loss costs, provisions for special
assessments, all supplementary rating information and any changes, amendments or
modification of the forgoing proposed in this state.
(c) Each workers' compensation insurer shall:
(1) Record and report its workers' compensation experience to the designated rating
organization as set forth in the uniform statistical plan approved by the commissioner; and
(2) Adhere to the uniform classification plan and uniform experience rating plan developed
by the designated rating organization and approved by the commissioner.
(d) The commissioner may promulgate exempt legislative rules to implement the provisions
of this section, including a rule providing for the equitable sharing and recovery of the
expense of the designated rating organization in performing the functions set forth in
subsection (b) of this section.

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