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Chapter 8. Office of the Director
Subchapter 2.06. Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Fraud Surcharge and Cal-OSHA Targeted Inspection Assessment

Article 3. Collection of Assessments and/or Surcharges

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§15609. Credit for Undercollection.

(a) When an insurer demonstrates to the Director, within one year of the final audit conducted for premium adjustments for the policies with inception dates in the year subject to assessment, that the total assessments and/or surcharges, respectively, collected from its insured employers is less than the respective assessment and surcharge amounts advanced by the insurer under Section 15606 for that assessment year, the Director shall credit the amount of the difference against the subsequent year's respective advances due from the insurer on behalf of its insured employers.

(b) No insurer shall receive any credit for any portion of an undercollection against advances paid by that insurer that is due to the insurer's failure to properly bill a policyholder for the appropriate assessments and/or surcharges applicable to the premium for that policyholder's policy.

NOTE

Authority cited: Sections 54, 55 and 62.5, Labor Code; and Section 1872.83, Insurance Code. Reference: Sections 62.5 and 62.6, Labor Code; and Section 1872.83, Insurance Code.

HISTORY

1. New section filed 4-18-90 as an emergency; operative 4-18-90 (Register 90, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-16-90.

2. Certificate of Compliance as to 4-18-90 order including amendment transmitted to OAL 8-14-90 and filed 9-13-90 (Register 90, No. 43).

3. Repealer of former section 15609 and renumbering and amendment of former section 15608 to section 15609 filed 1-15-93 as an emergency; operative 1-15-93 (Register 93, No. 3). A Certificate of Compliance must be transmitted to OAL 5-17-93 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-15-93 order transmitted to OAL 5-10-93 and filed 6-16-93 (Register 93, No. 25).

5. Amendment of section and Note filed 9-6-94 as an emergency; operative 9-6-94 (Register 94, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-95 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 9-6-94 order including amendment of section transmitted to OAL 12-30-94 and filed 2-15-95 (Register 95, No. 7).

7. Amendment filed 5-8-96; operative 5-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 19).

8. New subsection (a) designator and new subsection (b) filed 11-10-97; operative 11-10-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).

9. Change without regulatory effect amending section and Note filed 12-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 51).

10. Amendment of section and Note filed 1-14-2000 as an emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-2000 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 1-14-2000 order transmitted to OAL 5-9-2000 and filed 6-15-2000 (Register 2000, No. 24).

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