Section 626.31. Operation and control of bureau.

 

(1)   Bureau administration.

(a) Organization. The bureau shall make bylaws for its government which, with amendments thereto, shall be filed with and approved by the commissioner before they are effective.

(b) Representation. The rating committee shall consist of 10 members. Two members of the rating committee shall represent noninsurer, employer interests and shall be appointed by and serve at the pleasure of the governor. Of the remaining 8 members, 4 shall be chosen by stock insurers and 4 by mutual insurers. Both stock and mutual insurers shall be represented equally on all other committees, including the managing committee. Each member of a committee shall have one vote, with the commissioner deciding the matter in the event of a tie.

(c) Charges and services. The services of the bureau shall be supplied to members without discrimination. Each member of the bureau shall pay an equitable share of the cost of operating the bureau.

(2)   Information to be supplied.

(a) Surveys. Upon demand the bureau shall furnish to any employer upon whose risk a survey has been made under s. 626.32 (2) and to any insurer full information about the survey.

(b) Rates. The bureau shall, within a reasonable time after receiving a written request and upon payment of a reasonable charge, furnish information as to any rate to the insured affected by it or to an authorized representative.

(3)   Review by bureau.

(a) Cases where required. The following persons or their authorized representatives shall be heard by the bureau upon written request:

1. Any insurer or employer on any matter affecting the risk in connection with a survey under sub. (2) (a) ;

2. Any person aggrieved by the application of the bureau's rating system to the person;

3. Any member alleging discrimination as to services or charges of the bureau; and

4. Any municipality, as defined under s. 345.05 (1) (c) , or any state department or agency.

(b) Procedure for review.

1. The bureau shall provide within this state a specified procedure for review of the matters under par. (a) .

2. The commissioner may disapprove the procedure specified under subd. 1. if the commissioner finds that it does not provide adequate notice and fair hearing to the person asking for review.

3. The person asking for review may appeal to the commissioner under sub. (4) from a decision of the bureau or from its failure to provide a review and decision within 30 days after a written request therefor.

(4)   Appeals from the bureau.

(a) Cases where appeal is allowed. The following persons or their authorized representatives may petition the commissioner in writing for review of a bureau action or decision:

1. Any member aggrieved by an apportionment of costs made by the bureau under sub. (1) (c) , or by the bureau's failure to make an apportionment;

2. Any member aggrieved by discrimination in the supplying of services by the bureau;

3. Any member aggrieved by the bureau's rejection of proposed changes in or additions to its filings that would affect the member;

4. Any insurer or employer aggrieved by findings made in a survey under sub. (2) (a) ; and

5. Any insurer, municipality, as defined under s. 345.05 (1) (c) , any state department or agency or employer aggrieved by the application of the bureau's rating system to that person or agency.

(b) Procedure for appeal.

1. An appeal is initiated by a written petition to the commissioner, which must be filed within 30 days after the adverse decision of the bureau on review or, if the bureau has not announced a decision within the specified 30 days, within 60 days after the written request for review. If the bureau announces a decision after the specified 30 days but before filing of the petition, the petitioner has 30 days after announcement of the decision to petition the commissioner.

2. The commissioner shall give not less than 10 days' notice of hearing to the appellant and the bureau, and in cases under par. (a) 1. , to all other members of the bureau.

3. Procedure in the hearing shall be as provided for other hearings before the commissioner.

4. The commissioner shall mail a copy of the commissioner's decision to the appellant and the bureau.

(c) Relief authorized. The commissioner's decision shall be by order, with findings of fact and conclusions of law, which order may:

1. Approve the action or decision of the bureau;

2. Direct the bureau within a reasonable time the commissioner designates to give further consideration to the matter and to reach a conclusion consistent with the commissioner's order; or

3. Direct the bureau within a reasonable time the commissioner designates to take specified action consistent with the commissioner's findings.

1975 c. 148 , 199 ; 1983 a. 189 s. 329 (31) ; 1989 a. 332 .