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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 1. Regulations of the Director of Industrial Relations

Article 6. Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan--Requirements and Procedures

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§339.7. Application for Certification or Recertification of Loss Control Consultation Services.

(a) Applications may be obtained from the Loss Control Consultation Services Certification Unit of the Division.

(b) The application (Form LCC-1; 10-94) shall be lodged with the Loss Control Consultation Services Certification Unit and shall be accompanied by the required application fee.

(c) The application shall provide, be accompanied by, or be supplemented with the following items:

(1) Names under which the applicant is authorized to write workers' compensation insurance;

(2) Name and address of the insurer's employee directly responsible for administering the insurer's loss control consultation services;

(3) Proof of authorization from the California Department of Insurance to write workers' compensation insurance within the State of California;

(4) Documentation demonstrating the insurer's capability to deliver loss control consultation services as described by section 339.5(b)(2);

(5) A copy of the insurer's annual plan; and

(6) Any additional information requested by the Division, if reasonably necessary to evaluate the insurer's suitability for certification consistent with the requirements of this Article.

(d) Within 30 business days of receipt of an application for certification, the Division shall inform the applicant in writing either that the application is either complete and accepted for filing, or that the application is deficient and requires supplementation with additional information or documentation.

(1) An application shall be deemed complete if it is in compliance with the requirements of this section.

(2) A notice that the application is deficient shall explain what specific information or documentation is required to complete the application.

NOTE: If the volume of applications received results in the Division's inability to process the insurer's start-up application for certification in compliance within the 30-business-day period, the Division may extend the period for up to 120 days. Where such an extension is made by the Division, the insurer's period of provisional certification shall be deemed extended by an equal amount of time pursuant to section 339.2(b).

(e) Within 30 business days of the date of acceptance for filing of a completed application, the Division shall issue to the applicant:

(1) A Notice of Certification which includes the date of expiration of the certification and specifies any conditions which attach to retention of the certification; or

(2) A Notice of Denial of Certification, accompanied by a written explanation of the reasons for the denial.

NOTE: Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

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 with amendments 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 including amendment of subsections (b), (c)(3) and (d) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

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