KRS 304.13-161: Review of application of rating system to an insured -- Appeal to

commissioner -- Notification of review rights to workers' compensation

insureds.

(1) Every insurer or advisory organization shall provide within this state reasonable

means whereby any person aggrieved by the application of its rating system may be

heard on written request to review the manner in which the rating system has been

applied. If the insurer or advisory organization grants the request, the review shall

be conducted within n inety (90) days of receiving the request. If the insurer or

advisory organization fails to grant or rejects a request within thirty (30) days, the

aggrieved person may proceed in the same manner as if the review produced no

change in the application of the rate.

(2) Any party affected by the action made on the request for review may within thirty

(30) days of written notice of action appeal to the commissioner for further review

of the application of the rating system. The commissioner shall hold a hearing in

accordance with KRS Chapter 13B on a showing of good cause. The commissioner

may after the hearing issue a final order affirming, modifying, or reversing the

action of the insurer or advisory organization.

(3) For workers' compensation coverage, each in surer or agent shall notify in writing

each insured at the time a workers' compensation insurance policy is issued or

renewed on or after May 1, 1997, of the insured's rights afforded by this section.

The written notice required in this subsection shall ap ply only to workers'

compensation insurers and shall be provided in the manner and format prescribed

through administrative regulations promulgated by the commissioner.