(a) The Certificate of Consent to Self-Insure of an individual private or public self-insurer, that has had its self-insurance privilege terminated because of a legal change in business or corporate structure may be reinstated without lapse, providing the employer can re-qualify for self-insurance.
(b) To request reinstatement of a Certificate of Consent to Self-Insure without a lapse in self-insurance coverage, the applicant shall submit to the Chief a statement that the applicant assumes and guarantees all workers' compensation liabilities incurred during its prior period of self-insurance and will be responsible for any additional self-insured liabilities incurred after termination of its Certificate of Consent to Self-Insure. The Chief shall accept the statement of the employer's assumption of all past liabilities if signed by a corporate officer, attested to by the corporate secretary, and sealed with the corporate seal. If the statement is approved by the Chief, the applicant must submit within 90 days of the approval as part of the application a Guaranty of Workers' Compensation Liabilities fully executed pursuant to Section 15211.2 of these regulations. The Guaranty of Workers' Compensation Liabilities must be submitted before the Certificate to Self-Insure may be reinstated.
(c) A self-insured entity that has had its Certificate of Consent to Self-Insure voluntarily revoked, may request to become an active self-insurer again by making their request for re-activation of their Certificate of Consent to Self-Insure in writing to the Chief. The Chief may re-activate the Certificate of Consent to Self-Insure provided the former self-insurer is current in filing all required reports, and is otherwise in full compliance with their responsibilities related to self-insurance, or upon the entity becoming current in all filing and compliance responsibilities. No further application or documents shall be required provided all previously filed documents are currently accurate at the time of the request to reactivate their status as actively self-insuring their workers' compensation liabilities. A certificate that has been reactivated shall not cover any workers' compensation claims or liabilities that arise during the period between the date of prior revocation and the date the certificate is reactivated. All claims during the period between the two periods of self-insurance must have been covered by an insurance policy.
Note: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3702 and 3702.10, Labor Code.
1. New section filed 12-22-92; operative 1-21-93 (Register 93, No. 2).
2. Amendment of section heading and section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10).
3. Amendment of section heading and section filed 12-14-2016; operative 1-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 51).