§431:14A-104  Company divisions.  (a)  For purposes of providing representation on the board, the company shall consist of industry divisions and a high risk division.  Assignments to each division shall be made by the administrator with the approval of the board.  The initial company divisions shall include:

     (1)  Manufacturing and producers;

     (2)  Services, entertainment, and amusement;

     (3)  Professions;

     (4)  Construction;

     (5)  Wholesale and retail sales;

     (6)  Transportation and public utilities;

     (7)  Finance, insurance, and real estate; and

     (8)  High risk.

     (b)  An employer with two or more lost-time claims greater than $10,000, and a loss ratio greater than 1.0, over the immediately preceding three years shall be placed in the high risk division.

     (c)  The administrator, with the approval of the board, shall modify the requirements for placing employers in the high risk division if the qualifications result in the high risk division being limited to only those employers with measurable adverse loss ratios, demonstrated accident frequency records, or a demonstrated attitude of noncompliance with workplace safety and health programs or claims management requirements.

     (d)  The company shall give notice to each employer in the high risk division not less than thirty days prior to the policy renewal date requesting a report on the employer's lost-time claims for the policy year.  The report shall be used to determine the employer's qualification for placement in the high risk division.

     (e)  The company may apply a rating differential and charge a surcharge to any employer placed in the high risk division.  The company may make multiple rate filings, consistent with sound actuarial judgment for each classification.  These rate filings may be applied to risks in any division.

     (f)  The contingent liabilities of members provided in section 431:4-317 may be separated so that members assigned to the high risk division have a further contingent liability for deficits in the high risk division; provided that no contingent liability shall be in the aggregate for more than five times the annual premium rate of the member's policy nor for a term of more than one year. [L 1996, c 261, pt of §2; am L 1997, c 300, §5]