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Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990
Article 5. Administrative Penalties

§10112. Liability for Penalty Assessments.

The audit subject is liable for all penalty assessments, except that if the audit subject is acting as a third-party administrator, the client of that third-party administrator which secures the payment of compensation is jointly and severally liable with the administrator for all penalty assessments except civil penalties imposed under Labor Code section 129.5(e). Without affecting DWC's rights, a third-party administrator and its client may agree how to allocate the audit penalty expense between them.

Note: Authority cited: Sections 59, 129.5, 133. 5307.3, Labor Code. Reference: Section 129, 129.5, 3200-6002, Labor Code.

HISTORY

1. Renumbering of former section 10112 to section 10115 and new section filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).

2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).

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