reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-46-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-30 - Appeals; judicial review.

 58-46-30. Appeals; judicial review.The association shall provide reasonable means, to be approved by the Commissioner, whereby any person or insurer affected by any act or decision of the administrators of the Plan or underwriting association, other than an act or decision relating to the cause or amount of a claimed loss, may be heard in person or by an authorized representative, before the governing board of the association or a designated committee. Any person or insurer aggrieved by any decision of the governing board or designated committee, may be appealed to the Commissioner within 30 days after the date of the ruling or decision. The Commissioner, after a hearing held under rules adopted by the Commissioner, shall issue an order approving or disapproving the act or decision with respect to the matter that is the subject of appeal. The Commissioner may appoint a member of the Commissioner's staff as deputy commissioner for the purpose of hearing the appeals and a ruling based on the hearing has the same effect as if heard by the Commissioner. All persons or insurers or their representatives aggrieved by any order or decision of the Commissioner may appeal as provided in G.S. 58-2-75.No later than 10 days before each hearing, the appellant shall file with the Commissioner or the designated hearing officer and shall serve on the appellee a written statement of the appellant's case and any evidence that the appellant intends to offer at the hearing. No later than five days before the hearing, the appellee shall file with the Commissioner or the designated hearing officer and shall serve on the appellant a written statement of the appellee's case and any evidence that the appellee intends to offer at the hearing. Each hearing shall be recorded and may be transcribed. If the matter is between an insurer and the Association, the cost of the recording and transcribing shall be borne equally by the appellant and appellee; provided that upon any final adjudication the prevailing party shall be reimbursed for his share of such costs by the other party. If the matter is between an insured and the Association, the cost of transcribing shall be borne equally by the appellant and appellee; provided that the Commissioner may order the Association to pay recording or transcribing costs for which the insured is financially unable to pay. Each party shall, on a date determined by the Commissioner or the designated hearing officer, but not sooner than 15 days after delivery of the completed transcript to the party, submit to the Commissioner or the designated hearing officer and serve on the other party, a proposed order. The Commissioner or the designated hearing officer shall then issue an order. (1969, c. 1284; 1985, c. 519, s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 19; 1999-219, s. 1.3.)
NC Gen Stat § 58-46-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-35 - Reports of inspection made available; immunity from liability.

 58-46-35. Reports of inspection made available; immunity from liability.All reports of inspection performed by or on behalf of the association shall be made available to the members of the association, applicants and the Commissioner. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the board of directors, or the Commissioner or his representatives for any action taken by them in good faith in the performance of their powers and duties under this Article. (1969, c. 1284; 1999-114, s. 6.)
NC Gen Stat § 58-46-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-40 - Assessment; inability to pay.

 58-46-40. Assessment; inability to pay.In the event any insurer fails by reason of insolvency to pay any assessment as provided herein, the amount assessed each insurer shall be immediately recalculated excluding therefrom the insolvent insurer so that its assessment is, in effect, assumed and redistributed among the remaining insurers. Such an assessment against an insolvent insurer shall not be a charge against any special deposit fund held under the provisions of Article 5 of this Chapter for the benefit of policyholders. (1969, c. 1284; 1985, c. 519, s. 7; 1991, c. 720, s. 26.)
NC Gen Stat § 58-46-41 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-41 - Unearned premium, loss, and loss expense reserves.

 58-46-41. Unearned premium, loss, and loss expense reserves.The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance with G.S. 58-3-71, 58-3-75, and 58-3-81. (2002-185, s. 5.2.)
NC Gen Stat § 58-46-45 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-45 - Premium taxes to be paid through Association.

 58-46-45. Premium taxes to be paid through Association.All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting agent for its member companies, shall forward all such taxes to the Secretary of Revenue as provided in Article 8B of Chapter 105 of the General Statutes. (1985 (Reg. Sess., 1986), c. 928, s. 10; 1995 (Reg. Sess., 1996), c. 747, s. 13.)
NC Gen Stat § 58-46-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-50 - Annual reports.

 58-46-50. Annual reports.On or before January 1 of each year the association shall file with the Commissioner a statement that summarizes the transactions, conditions, operations, and affairs of the association during the preceding year. The statement shall contain such matters and information as are prescribed by the Commissioner and shall be in such form as is approved by him. The Commissioner may at any time require the association to furnish him with any additional information with respect to its transactions or any other matter that the Commissioner deems to be material to assist him in evaluating the operation and experience of the association. (1987 (Reg. Sess., 1988), c. 975, s. 26.)
NC Gen Stat § 58-46-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-55 - Rates, rating plans, rating rules, and forms applicable.

 58-46-55. Rates, rating plans, rating rules, and forms applicable.The rates, rating plans, rating rules, and forms applicable to the insurance written by the association shall be in accordance with the most recent manual rates or adjusted loss costs and forms that are legally in effect in this State.  (1987 (Reg. Sess., 1988), c. 975, s. 28; 1991 (Reg. Sess., 1992), c. 784, s. 3; 2009-472, s. 6.)
NC Gen Stat § 58-46-60 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-60 - Open meetings.

 58-46-60. Open meetings.The Association is subject to the Open Meetings Act, Article 33C of Chapter 143 of the General Statutes, as amended. (2002-185, s. 7.2.)
NC Gen Stat § 58-47-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-70 - License denial; termination; revocation; restrictions.

 58-47-70. License denial; termination; revocation; restrictions.(a) If the Commissioner denies a license, the Commissioner shall inform the applicant of the reasons for the denial. The Commissioner may issue a license to an applicant that remedies the reasons for a denial within 60 days after the Commissioner's notice. The Commissioner may grant additional time to an applicant to remedy any deficiencies in its application. A request for an extension of time shall be made in writing by the applicant within 30 days after the Commissioner's notice. If the applicant fails to remedy the reasons for the denial, the application shall be withdrawn or denied.(b) A group shall not terminate its license or cease the writing of renewal business without obtaining prior written approval from the Commissioner. The Commissioner shall not grant the request of any group to terminate its license unless the group has closed or reinsured all of its incurred workers' compensation obligations and has settled all of its other legal obligations, including known and unknown claims and associated expenses.(c) No group shall transfer its workers' compensation obligations under an assumption reinsurance agreement without complying with Part 2 of Article 10 of this Chapter.(d) Every group is subject to Article 19 of this Chapter. No group shall merge with another group unless both groups are engaged in the same or a similar type of business. (1997-362, s. 3.)
NC Gen Stat § 58-47-80 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-80 - Assets and invested assets.

 58-47-80. Assets and invested assets.Funds shall be held and invested by the board under G.S. 58-7-160, 58-7-162, 58-7-163, 58-7-165, 58-7-167, 58-7-168, 58-7-170, 58-7-172, 58-7-173, 58-7-178, 58-7-179, 58-7-180, 58-7-183, 58-7-185, 58-7-187, 58-7-188, 58-7-192, 58-7-193, 58-7-197, 58-7-200, and 58-19-10. (1997-362, s. 3; 2001-223, s. 21.2; 2003-212, s. 13.)
NC Gen Stat § 58-47-90 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-90 - Deposits.

 58-47-90. Deposits.(a) Each group shall deposit with the Commissioner an amount equal to ten percent (10%) of the group's total annual earned premium, according to the group's annual statement filing, but not less than six hundred thousand dollars ($600,000), or another amount that the Commissioner prescribes based on, but not limited to, the financial condition of the group and the risk retained by the group.(b) G.S. 58-5-1, 58-5-20, 58-5-25, 58-5-30, 58-5-35, 58-5-40, 58-5-63, 58-5-75, 58-5-80, 58-5-90(a) and (c), 58-5-95, 58-5-110, 58-5-115, and 58-5-120 apply to groups.(c) A group organized and authorized before January 1, 1998, has until January 1, 2001, to comply with subsection (b) of this section. However, a dividend request shall not be approved by the Commissioner until the group has replaced its surety bonds with the deposit required by subsection (b) of this section.(d) No judgment creditor, other than a claimant entitled to benefits under the Act, may levy upon any deposits made under this section.(e) Surety bonds shall be in a form prescribed by the Commissioner and issued by an insurer authorized by the Commissioner to write surety business in North Carolina.(f) Any surety bond may be exchanged or replaced with another surety bond that meets the requirements of this section if 90 days' advance written notice is provided to the Commissioner. An endorsement to a surety bond shall be filed with the Commissioner within 30 days after its effective date.(g) If a group ceases to self-insure, dissolves, or transfers its workers' compensation obligations under an assumption reinsurance agreement, the Commissioner shall not release any deposits until the group has fully discharged all of its obligations under the Act. (1997-362, s. 3.)
NC Gen Stat § 58-47-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-95 - Excess insurance and reinsurance.

 58-47-95. Excess insurance and reinsurance.(a) Each group, on or before its effective date of operation and on a continuing basis thereafter, shall maintain specific and aggregate excess loss coverage through an insurance policy or reinsurance contract. Groups shall maintain limits and retentions commensurate with their exposures. A group's retention shall be the lowest retention suitable for groups with similar exposures and annual premium. The Commissioner may require different levels, or waive the requirement, of specific and aggregate excess loss coverage consistent with the market availability of excess loss coverage, the group's claims experience, and the group's financial condition.(b) Any excess insurance policy or reinsurance contract under this section shall be issued by a licensed insurance company, a licensed captive insurance company, an approved surplus lines insurance company, or an accredited reinsurer, and shall:(1) Provide for at least 30 days' written notice of cancellation by certified mail, return receipt requested, to the group and to the Commissioner.(2) Be renewable automatically at its expiration, except upon 30 days' written notice of nonrenewal by certified mail, return receipt requested, to the group and to the Commissioner.(c) Every group shall provide to the Commissioner evidence of its excess insurance or reinsurance coverage, and any amendments, within 30 days after their effective dates. Every group shall, at the request of the Commissioner, furnish copies of any excess insurance policies or reinsurance contracts and any amendments.  (1997-362, s. 3; 2013-116, s. 4.)
NC Gen Stat § 58-47-100 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-100 - Examinations.

 58-47-100. Examinations.G.S. 58-2-131 through G.S. 58-2-134 apply to groups. (1997-362, s. 3; 1999-132, s. 11.7.)
NC Gen Stat § 58-47-105 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-105 - Dividends and other distributions.

 58-47-105. Dividends and other distributions.(a) Group dividends and other distributions shall be made in accordance with G.S. 58-7-130, 58-8-25(b), and 58-19-30. A group shall be in compliance with this Part before payment of dividends or other distributions to its members. No group shall pay dividends or other distributions to its members until two years after the group's licensing date.(b) Payment of dividends to the members of any group shall not be contingent upon the maintenance or continuance of membership in the group. (1997-362, s. 3.)
NC Gen Stat § 58-47-115 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-115 - Premium payment requirements.

 58-47-115. Premium payment requirements.Groups shall collect members' premiums for each policy period in a manner so that at no time the sum of a member's premium payments is less than the total estimated earned premium for that member. (1997-362, s. 3.)
NC Gen Stat § 58-47-125 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-125 - Admission and termination of group members.

 58-47-125. Admission and termination of group members.(a) Prospective group members shall submit applications for membership to the board. The board, a designated employee of the group, or TPA shall approve an application for membership under the bylaws of the group. Members shall have bona fide offices in this State and members' employees shall be primarily engaged in business activities within this State. Members shall receive certificates of coverage from the board on a form acceptable to the Commissioner.(b) The group shall make available to the Commissioner properly executed applications and indemnity agreements for all members, on forms prescribed by the Commissioner. If the applications and indemnity agreements are not executed properly and maintained, the Commissioner may order the group to cease writing all new business until all of the agreements are executed properly and obtained.(c) Members may elect to terminate their participation in a group and may be terminated by the group under subsection (d) of this section and the bylaws of the group.(d) A group may terminate a member's participation in the group on 30 days' written notice to the member. A group may terminate a member's participation in the group for nonpayment of premium on 10 days' written notice to the member. A member may terminate its participation in the group on 10 days' written notice to the group. Notices under this subsection shall be given by certified mail, return receipt requested. No termination by the group is effective until the notice is received by the member. (1997-362, s. 3; 2001-451, s. 3.)
NC Gen Stat § 58-47-130 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-130 - Disclosure.

 58-47-130. Disclosure.Every group through its board, TPA, service company, agents, or other representatives shall require, before accepting an application, each applicant for membership to acknowledge in writing that the applicant has received the following:(1) A document disclosing that the members are jointly and severally liable for the obligations of the group.(2) A copy of the group's plan of assessment.(3) The amount of specific and aggregate stop loss or excess insurance or reinsurance carried by the group, the amount and kind of risk retained by the group, and the name and rating of the insurer providing stop loss, excess insurance, or reinsurance. (1997-362, s. 3.)
NC Gen Stat § 58-47-135 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-135 - Assessment plan and indemnity agreement.

 58-47-135. Assessment plan and indemnity agreement.(a) Each group shall establish an assessment plan that provides for a reasonable and equitable mechanism for assessing its members. The plan and any amendments shall be approved by the Commissioner. The plan shall include descriptions of the circumstances that initiate an assessment, basis, and allocation to members of the amount being assessed, and collection of the assessment.(b) The board shall notify the Commissioner of an assessment no fewer than 60 days before an assessment.(c) The Commissioner shall impose an assessment on members if the board or third-party administrator fails to take action to correct a hazardous financial condition.(d) Every group shall file an indemnity agreement on a form prescribed by the Commissioner, which jointly and severally binds the members of the group to comply with the provisions of the act and pay obligations imposed by the Act. (1997-362, s. 3.)
NC Gen Stat § 58-47-140 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-140 - Other provisions of this Chapter.

 58-47-140. Other provisions of this Chapter.The following provisions of this Chapter apply to workers' compensation self-insurance groups that are subject to this Article:G.S. 58-1-10, 58-2-45, 58-2-50, 58-2-70, 58-2-100, 58-2-105, 58-2-155, 58-2-161, 58-2-180, 58-2-185, 58-2-190, 58-2-200, 58-3-71, 58-3-81, 58-3-100, 58-3-120, 58-6-25, 58-7-21, 58-7-26, 58-7-30, 58-7-33, 58-7-73, and Articles 13, 19, 30, 33, 34, and 63 of this Chapter. (1997-362, s. 3; 2005-215, s. 15; 2006-226, s. 17.)
NC Gen Stat § 58-47-150 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-150 - Definitions.

 58-47-150. Definitions.As used in this Part:(1) "Books and records" means all files, documents, and databases in a paper form, electronic medium, or both.(2) "Self-insurer" means a group of employers licensed by the Commissioner under Part 1 of this Article or a single employer licensed by the Commissioner under Article 5 of Chapter 97 of the General Statutes to retain its liability under the Workers' Compensation Act and to pay directly the compensation in the amount and manner and when due as provided for in the Act.(3) "Service company" means an entity that has contracted with a self-insurer for the purpose of providing any services related to claims adjustment, loss control, or both.(4) "Third-party administrator" or "TPA" means a person engaged by a self-insurer to execute the policies established by the self-insurer and to provide day-to-day management of the self-insurer. "Third-Party Administrator" and "TPA" does not mean:a. A self-insurer acting on behalf of its employees or the employees of one or more of its affiliates.b. An insurer that is licensed under this Chapter or that is acting as an insurer with respect to a policy lawfully issued and delivered by it and under the laws of a state in which the insurer is licensed to write insurance.c. An agent or broker who is licensed by the Commissioner under Article 33 of this Chapter whose activities are limited exclusively to the sale of insurance.d. An adjuster licensed by the Commissioner under Article 33 of this Chapter whose activities are limited to adjustment of claims.e. An individual who is an officer, a member, or an employee of a board.(5) "Underwriting" means the process of selecting risks and classifying them according to their degrees of insurability so that the appropriate rates may be assigned. The process also includes rejection of those risks that do not qualify. (1997-362, s. 3.)
NC Gen Stat § 58-47-155 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 47 - Workers' Compensation Self-Insurance.|§ 58-47-155 - TPAs and service companies; authority; qualifications.

 58-47-155. TPAs and service companies; authority; qualifications.(a) No person shall act as, offer to act as, or hold himself or herself out as a TPA or a service company with respect to risks located in this State for a self-insurer unless that person complies with this Article.(b) A TPA or service company shall post with the self-insurer a fidelity bond or other appropriate coverage, issued by an authorized insurer, in a form acceptable to the Commissioner, in an amount commensurate with the risk, and with the governing board of the self-insurer as obligee or beneficiary.(c) A TPA or service company shall maintain errors and omissions coverage or other appropriate liability insurance in a form acceptable to the Commissioner and in an amount commensurate with the risk. The governing body of the self-insurer shall be obligee or beneficiary of the coverage or insurance.(d) If the Commissioner determines that a TPA or service company or any other person has not materially complied with this Article or with any rule adopted or order issued under this Article, after notice and opportunity to be heard, the Commissioner may order for each separate violation a civil penalty under G.S. 58-2-70(d).(e) If the Commissioner finds that because of a material noncompliance that a self-insurer has suffered any loss or damage, the Commissioner may maintain a civil action brought by or on behalf of the self-insurer and its covered members or persons and creditors for recovery of compensatory damages for the benefit of the self-insurer and its covered members or persons and creditors, or for other appropriate relief.(f) Nothing in this Article affects the Commissioner's right to impose any other penalties provided for in this Chapter or limits or restricts the rights of covered members or persons, claimants, and creditors.(g) If an order of rehabilitation or liquidation of the self-insurer has been entered under Article 30 of this Chapter, and the receiver appointed under that order determines that the TPA or service company or any other person has not materially complied with this Article or any rule adopted or order issued under this Article, and the self-insurer suffered any loss or damage from the noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the self-insurer. (1997-362, s. 3.)