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Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

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§15430. Hearing.

The Director may initiate an investigation or hold a hearing to implement the law and regulations with respect to the following self insurance matters:
(a) Disputes specified in Labor Code section 3701.5(g) arising between or among a surety, the issuer of an agreement of assumption and guarantee of workers' compensation liabilities, the issuer of a letter of credit, any custodian of the security deposit, a self-insured employer, or the Self-Insurers' Security Fund;

(b) Disputes between any self-insurer and the Manager involving action by the Manager to involuntarily revoke an existing certificate for cause pursuant to Labor Code section 3702;

(c) Disputes involving action by the Manager to revoke or deny issuance of a certificate to administer pursuant to Labor Code sections 3702.1 and 3702.7;

(d) An appeal by a private sector self-insurer concerning the amount of the security deposit to be posted pursuant to Labor Code section 3701(b) or section 15210 of these regulations;

(e) An appeal by any self-insurer concerning any civil penalty assessment made pursuant to Labor Code section 3702.9;

(f) The appeal of an employer alleging its application for a certificate or by an administrator that its application for a certificate to administer has not been processed in a timely manner;

(g) To determine whether good cause exists to revoke any self-insurers' certificate for willful or repeat serious violations of occupational safety and health regulations as noted in Cal/OSHA citations issued by the Division of Occupational Safety and Health;

(h) An appeal by a private self insurer concerning the calculation, posting, or any other aspect of its deposit assessment after payment of the deposit assessment in the time provided to the Security Fund, and;

(i) An appeal by a private self insurer of any civil penalty assessed for failure to pay a deposit assessment to the Security Fund.


     Note: Authority cited: Sections 54, 55, 3701.8 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3701.8, 3702, 3702.1, 3702.5, 3702.6, 3702.7. 3702.9, 3705, and 3740-3747, Labor Code. Sections 11181-11188, 15378, Government Code.

HISTORY

1. New article 11 (sections 15430-15437) filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).

2. Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).

3. Change without regulatory effect amending subsection (d) filed 6-13-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 24).

4. Amendment of subsections (c) and (g), new subsections (h)-(i) and amendment of Note filed 5-30-2003 as an emergency; operative 5-30-2003 (Register 2003,  No. 22). A Certificate of Compliance must be transmitted to OAL by 9-29-2003 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 5-30-2003 order transmitted to OAL 9-29-2003 and filed 11-12-2003 (Register 2003, No. 46).

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