Article 6. Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan--Requirements and Procedures
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(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke, suspend, or attach conditions to the retention of, any certification issued pursuant to this article. Good cause shall be deemed to exist if the Division establishes that the insurer has substantially failed to meet or comply with the requirements of this article.
(b) Notice of the Division's intent to take any adverse action with respect to a certification shall be in writing and served at least fifteen days in advance of the hearing. Service shall be deemed complete if notice of the hearing is sent by certified mail or hand delivered to the address shown on the application form. The notice shall specify the action intended to be taken by the Division and the reasons for the action in sufficient detail to allow the insurer to prepare for the hearing.
(c) The hearing shall be held at the Division's Headquarters offices, or at such other location as may be designated by the Director, and shall be conducted by the Chief or Deputy Chief of the Division.
(d) The insurer may appeal any adverse action to the Director in the same manner as provided for appeal of denial of certification by section 339.9(c) and (d) and the filing of an appeal shall stay the adverse action until the issuance of a final decision by the Director.
(e) The Insurance Commissioner shall be notified of every final decision by the Director to suspend or revoke certification.
NOTE: Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.
1. New section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).
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