(1) History. The classification review committee is created by statute. The district court held in Cause No. BDV-91-1585, state of Montana, first judicial district, entitled State Compensation Mutual Insurance Fund v. R/E. Developers, Inc., decided August 14, 1992, that the classification review committee is a state agency defined by 2-4-102, MCA. As a state agency, the classification review committee is required to promulgate procedural rules pursuant to the Montana Administrative Procedure Act. In 1993, the legislature amended 33-16-1012, MCA, to give the committee express rulemaking authority.

(2) Nature of committee. The classification review committee is a state agency as defined by 2-4-102, MCA. Documents and other information concerning the classification review committee's actions are made available for public review at the office of the commissioner of insurance. The classification review committee consists of five members, of whom four are appointed by the commissioner of insurance and one is appointed by the executive director of the state fund, as provided in 33-16-1011 , MCA. The classification review committee is staffed as determined necessary by the National Council on Compensation Insurance or each other workers' compensation rating organization as the classification review committee may designate.

(3) Inquiries and submissions. Unless otherwise provided in these rules or by special notice, all inquiries and submissions to the classification review committee should be made to the Montana Classification Review Committee in care of the National Council on Compensation Insurance, 901 Peninsula Corporate Circle, Boca Raton, FL 33487-1362; Telephone: 561-893-3820; Email: [email protected]; Fax: 561-893-5043.