Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 3.1. Alternative Composite Deposits

§15220.5. Deposit Assessments; Failure to Pay; Assessment Liability15220.5. Deposit Assessments; Failure to Pay; Assessment Liability.

(a) Each alternative composite deposit posted with the Director by the Security Fund shall be a binding agreement for all private self insured employers, fully participating and non-fully participating.

(b) Individual deposit assessment determinations, billings, and collection of these individual deposit assessments from participating private self insured employers shall be the responsibility of the Security Fund. The Security Fund shall advise the Manager in writing of any employer that fails to pay the assessment within the time period allocated by the Security Fund.

(c) The Manager shall assess a civil penalty pursuant to Labor Code Section 3701.8(d) against each private self insured employer who fails to pay the deposit assessment in the time allocated by the Security Fund. In addition to the civil penalty, the private self insured employer shall post a separate security deposit pursuant to Labor Code Section 3701 within 30 days of notice by the Manager.

(d) Failure by any participating private self insured employer to pay the deposit assessment in the time specified by the Security Fund, and/or failure to post and maintain the full amount of required security deposit pursuant to Labor Code Section 3701 for 60 days shall be good cause for the Manager to summarily revoke the private self insured employer's Certificate to Self Insure without a hearing as set forth in Section 15210.1.

(e) Any civil penalty assessed by the Manager pursuant to Labor Code Section 3701.8 shall not be discharged by the employer subsequently posting a security deposit. Any civil penalty or unpaid portion of the deposit assessment shall not be discharged by revocation of the employers' Certificate of Consent to Self Insure.

   Note: Authority cited: Sections 3701.8 and 3702.10, Labor Code. Reference: Section 3701.8, Labor Code.

HISTORY

1. New section filed 5-30-2003 as an emergency; operative 5-30-2003 (Register 2003, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-29-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-30-2003 order transmitted to OAL 9-29-2003 and filed 11-12-2003 (Register 2003, No. 46).