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Oklahoma State Senate v. State Board for Property & Casualty Rates9/26/2000
APPEAL FROM THE STATE BOARD FOR PROPERTY AND CASUALTY RATES
The Senate appeals from an order of the State Board for Property and Casualty Rates which denied its application to intervene in a rate filing proceeding. At issue is whether the order of the Board is void by reason of the Board's alleged violation of the Open Meeting Act. We find no such violation occurred.
ORDER AFFIRMED
The Oklahoma State Senate brings this appeal from an order of the State Board for Property and Casualty Rates denying the Senate's application to intervene and motion to postpone the hearing in a rate proceeding pursuant to 36 O. S. 1991,§ 901.4. The sole question before us is whether the Board's adoption of the scheduling order for the rate proceeding, particularly the deadline for filing an application to intervene, violated provisions of the Open Meeting Act. The merits of the rate increase, which was granted by the Board, is not challenged by the Senate. We find the Board's action did not violate the Open Meeting Act, and affirm the order of the Board.
I. THE FACTS AND PROCEDURAL POSTURE OF THE CASE
On July 15, 1999 the National Council of Compensation Insurance (NCCI), a licensed insurance rating organization, filed an application with the Board for an increase in workers' compensation advisory prospective loss costs pursuant to 36 O.S. Supp.1998, §901.5. Copies of the filing were sent to the Attorney General, and also to the actuary employed by the Senate, when it was filed. On July 29, 1999 the Senate's actuary requested additional information regarding the filing, which it received from the NCCI on or before August 12, 1999. On August 12, 1999 the Attorney General and the Oklahoma Insurance Department agreed to a proposed scheduling order which set the hearing date for September 28, 1999, and the deadline for filing intervention applications for August 20. Additionally it provided the deadlines for discovery requests and responses, filing and exchanging actuarial reports, pre-hearing conferences, filing motions, submitting witness lists and exchanging pre-filed testimony and exhibits. The scheduling order was placed on the agenda of the Board's August 5 meeting for approval, but the Board did not have a quorum at that meeting, and no action was taken on the order.
On August 12 counsel for the Insurance Department wrote to NCCI, enclosed the proposed scheduling order, and furnished copies to the Attorney General and the Senate's actuary. He advised of the absence of a quorum at the August 5 meeting, and that the scheduling order would be up for approval at the next scheduled meeting on August 26, 1999. Counsel stated in his letter that because of the time constraint he thought they should "operate under the assumption" that the Board would approve the scheduling order, and the parties should therefore comply with the dates set out therein. Copies of the proposed scheduling order were also posted on the front door of the Oklahoma Insurance Department. On August 19 the notice and agenda for the August 26, 1999 meeting was posted on the front door of the Oklahoma Insurance Department. The Notice and Agenda provided that the Board would consider the Scheduling Order.
At the August 26 public meeting, the Board adopted the scheduling order by written order which provided the dates could be changed "for good cause shown." The Board's order noted that the scheduling order had been passed from the August 5 agenda and acknowledged that the intervention deadline was therefore prior in time to the signing, but stated that the dates were still effective. The Senate did not attend the August 26, Board meeting nor did it object, either before o
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