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Chapter 8. Office of the Director
Subchapter 2.05. Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements
Article 6. Contents of Orders, of Direction to File Verified Statement and of Verified Statement

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§15575. Penalty Assessment Orders.

(a) $50 Penalty Assessment Order. This order, issued pursuant to Labor Code Section 3711 shall contain the following information:

(1) The employer has failed to furnish a written statement to the Division stating the name of his workers' compensation insurance carrier.

(2) Failure to furnish such statement within ten (10) days constitutes prima facie evidence of the employer's neglect or failure to comply with the coverage requirements of the law.

(3) The employer, by virtue of the Order, is assessed a penalty of fifty ($50) dollars for such failure.

(4) The correct name and legal entity of the employer, the employer's address, the date, the place of issuance, the signature and the name of the official who issues the order.

(5) The appeal procedure for objecting to this penalty assessment order.

(6) The procedure used by the Division to obtain a judgment against the employer, should he fail to pay the assessment.

(b) $100 Non-Injury Penalty Assessment Order. The order, issued pursuant to Labor Code Section 3710.1 shall contain the following information:

(1) The employer has been found to be without the required workers' compensation insurance.

(2) The employer, by virtue of the Order, is assessed a penalty of one hundred ($100) dollars per employee employed at the time the Order is issued for failure to have workers' compensation coverage.

(3) The correct name and legal entity of the employer, the employer's address, the date, the time, the place of issuance, the signature and the name of the official who issued the Order.

(4) The appeal procedure for objecting to the Penalty Assessment Order.

(5) The procedure used by the Division to obtain a judgment against the employer, should he fail to pay the assessment.

(c) $100 Injury-related Penalty Assessment Order. The order, issued pursuant to Labor Code Section 3710.1 shall contain the following information:

(1) The Workers' Compensation Appeals Board has found the employer to be uninsured in a claimed injury and that such injury is noncompensable.

(2) The employer, by virtue of the Order, is assessed a penalty of one hundred ($100) dollars employee employed on the date of such claimed injury.

(3) The correct name and legal entity of the employer, the employer's address, the date, the place of issuance, the signature and the name of the official who issued the Order.

(4) The appeal procedure for objecting to the Order.

(5) The procedure used by the Division to obtain a judgment against the employer, should he fail to pay the assessment.

(d) $500 Injury-related Penalty Assessment Order. The Order issued pursuant to Labor Code Section 3722 shall contain the following information:

(1) The Workers' Compensation Appeals Board has found the employer to be uninsured and the claimed injury compensable.

(2) The employer, by virtue of the Order, is assessed a penalty of five hundred ($500) dollars per employee employed on the date of injury.

(3) The correct name and legal entity of the employer, the employer's address, the date, the place of issuance, the signature and the name of the official who issued the Order.

(4) The appeal procedure for objecting to the Order.

(5) The procedure used by the Division to obtain a judgment against the employer, should he fail to pay the assessment.

NOTE: Authority cited: Sections 55 and 3710, Labor Code. Reference: Sections 3700, 3710, 3710.1, 3710.2, 3711, 3712, 3713, 3714, 3718, 3722, 3723, 3725, 3726 and 3727, Labor Code.

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