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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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§339.9. Denial of Certification or Recertification.

(a) The Division shall deny certification or recertification if the insurer does not satisfy the requirements of this article.

(b) An applicant denied certification may:

(1) Reapply by submitting a new application together with a new application fee; or

(2) Appeal for reconsideration to the Director.

(c) Any applicant who wishes to appeal a denial of certification shall lodge with the Division, within 10 working days of receipt of the Notice of Denial, a written notice of the applicant's intent to appeal.

(1) The Director shall hold a hearing, at the Division's headquarters offices or such other location as the Director may designate, within five working days of the appeal.

(2) At the hearing, the insurer shall have the burden of establishing qualification for certification.

(d) The Director shall issue a decision within 10 days of the hearing. The Director's decision shall be final. A final decision by the Director may not be appealed except as provided for by law.

(e) The Insurance Commissioner shall be notified of every final decision by the Director to deny certification.

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 A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.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 amendment of subsection (c)(1) 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 A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.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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