|This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.|
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.|
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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