Bill Text: OR SB684 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the Department of Consumer and Business Services' review of a rate filing; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB684 Detail]

Download: Oregon-2013-SB684-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2939

                         Senate Bill 684

Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
  BUSINESS PROTECTION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies requirements for persons to intervene in contested
case proceedings conducted by Department of Consumer and Business
Services on rate filings. Permits department to issue protective
order to protect from disclosure trade secrets or other
confidential information protected by state or federal law.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Department of Consumer and Business Services'
  review of a rate filing; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of the Insurance Code. + }
  SECTION 2.  { + (1) Any person may petition to intervene in a
contested case proceeding conducted by the Department of Consumer
and Business Services on a rate filed under ORS 743.018. The
department shall grant the petition if:
  (a)(A) The person has an interest that may be affected by the
outcome of the proceeding; or
  (B) The person seeks to represent a public interest that may be
affected by the outcome of the proceeding and is qualified to
represent that interest;
  (b) The interest or public interest will not be adequately
represented by the other parties to the proceeding;
  (c) The participation by the petitioner will not unreasonably
delay or unreasonably broaden the issues to be considered in the
proceeding;
  (d) The petitioner has the knowledge or expertise to assist the
department in determining whether to approve the rate filing; and
  (e) The petitioner enters into the agreement described in
subsection (4) of this section.
  (2) The department shall prescribe by rule the form of the
petition to intervene under subsection (1) of this section and
the submission requirements including, but not limited to, all of
the following:
  (a) The petitioner must serve the petition on the insurer that
submitted the rate filing that is under review.
  (b) The insurer may object to the petition to intervene by
filing objections with the department no later than 10 days after

the service of the petition on the insurer and must serve a true
copy of the objections on the petitioner.
  (c) The petitioner shall be afforded an opportunity to respond
to objections filed by an insurer no later than seven days after
service of the objections on the petitioner.
  (3) The Director of the Department of Consumer and Business
Services or the director's designee may issue a protective order,
upon the request of the insurer and for good cause shown, to
restrict in any manner and to any extent the disclosure to the
public of information in a contested case proceeding on a rate
filed under ORS 743.018 if the information is a protected trade
secret or is otherwise protected from disclosure by state or
federal law.
  (4) A petitioner must enter into a written agreement with the
department stipulating that the petitioner will:
  (a) Comply with any protective order issued under subsection
(3) of this section;
  (b) Not use or disclose information obtained through the
proceeding for any purpose other than to participate in the
proceeding unless the insurer consents, in writing, to the use of
the information for another purpose; and
  (c) Take all reasonable steps to keep secure and not disclose
any confidential information obtained through the proceeding.
  (5) Upon a finding that an intervenor has failed to comply with
the terms of the agreement described in subsection (4) of this
section the director or the director's designee may:
  (a) Remove an intervenor from the proceeding;
  (b) Prohibit the intervenor from participating in any future
proceedings; or
  (c) Impose penalties under ORS 731.988. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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