reglab/housing_qa huggingface dataset:
NC Gen Stat § 97-132 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-132 - Board of directors.

 97-132. Board of directors.The Board shall consist of not less than nine directors serving terms as established in the Plan. The directors shall be selected by the members of the Association and shall serve for three-year terms and until a successor is elected and qualified. There is no limitation on the number of terms a director may serve. Directors may be reimbursed from the assets of the Association for expenses incurred by them as directors.  (1985 (Reg. Sess., 1986), c. 1013, s. 1; 1987, c. 528, s. 3; 2005-400, s. 3; 2011-196, s. 10.)
NC Gen Stat § 97-134 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-134 - Plan of Operation.

 97-134. Plan of Operation.The Plan is as follows:(1) The Board shall adopt a Plan of Operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Association.(2) All member self-insurers shall comply with the Plan.(3) The Plan shall:a. Establish the procedures whereby all the powers and duties of the Association under G.S. 97-133 will be performed.b. Establish procedures for investing and managing Fund assets.c. Adopt a reasonable mechanism and procedure to achieve equity in assessing members under G.S. 97-133.d. Establish the amount and method of reimbursing members of the Board under G.S. 97-132.e. Establish procedures by which claims may be filed with the Association and establish acceptable forms of proof of covered claims.f. Establish regular places and times for meetings of the Board.g. Establish procedures for records to be kept of all financial transactions of the Association, its agents, and the Board.h. Provide that any member self-insurer aggrieved by any final action or decision of the Association may appeal to the Commissioner within 30 days after the action or decision.i. Repealed by Session Laws 2011-196, s. 10, effective July 1, 2011.j. Contain additional provisions necessary or proper for the execution of the powers and duties of the Association.  (1985 (Reg. Sess., 1986), c. 1013, s. 1; 1987, c. 528, s. 11; 2005-400, s. 5; 2011-196, s. 10.)
NC Gen Stat § 97-135 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-135 - Insolvency.

 97-135. Insolvency.A member self-insurer shall be insolvent for the purposes of this Article under any of the following circumstances:(1) Determination of insolvency by a court of competent jurisdiction.(2) Institution of bankruptcy proceedings by or regarding the member self-insurer.(3) The Board determines that the member self-insurer's total liabilities exceed its total assets or the member self-insurer is unable or ceases to pay its debts as they fall due or in the ordinary course of business.(4) A member self-insurer is deemed to be insolvent, bankrupt, or in default as defined by the terms of any security instrument created pursuant to the Association Aggregate Security System. (1985 (Reg. Sess., 1986), c. 1013, s. 1; 1987, c. 528, s. 12; 2005-400, s. 6.1.)
NC Gen Stat § 97-136 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-136 - Powers and duties of the Commissioner.

 97-136. Powers and duties of the Commissioner.(a) The Commissioner shall:(1) Notify the Association of the existence of an insolvent member self-insurer not later than 30 days after he receives notice of an insolvency pursuant to the standards set forth in G.S. 97-135.(2) Repealed by Session Laws 2011-196, s. 10, effective July 1, 2011.(b) The Commissioner may:(1) Require that the Association notify the insureds of the insolvent member self-insurer and any other interested parties of the insolvency and of their rights under this Article. The notifications shall be by mail at their last known addresses, where available; but if required information for notification is not available, notice by publication in a newspaper of general circulation in this State shall be sufficient; and(2) Revoke the designation of any servicing facility if the Commissioner finds claims are being handled unsatisfactorily.  (1985 (Reg. Sess., 1986), c. 1013, s. 1; 2005-400, s. 6.2; 2011-196, s. 10.)
NC Gen Stat § 97-137 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-137 - Examination of the Association.

 97-137. Examination of the Association.The Association shall be subject to examination and regulation by the Commissioner. The Board shall submit, not later than June 1 of each year, a financial report for the preceding calendar year in a form approved by the Commissioner.  (1985 (Reg. Sess., 1986), c. 1013, s. 1; 2011-196, s. 10.)
NC Gen Stat § 97-138 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-138 - Tax exemption.

 97-138. Tax exemption.The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its political subdivisions, except taxes levied on real or personal property. (1985 (Reg. Sess., 1986), c. 928, s. 1(b).)
NC Gen Stat § 97-139 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-139 - Immunity.

 97-139. Immunity.There shall be no liability on the part of and no cause of action of any nature may arise against any member self-insurer, the Association, or its agents or employees, the Board or its individual members, or the Commissioner or his representatives for any acts or omissions taken by them in the performance of their powers and duties under this Article. The immunity established by this section shall not extend to willful neglect or malfeasance that would otherwise be actionable. (1985 (Reg. Sess., 1986), c. 1013, s. 1.)
NC Gen Stat § 97-140 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-140 - Nonduplication of recovery.

 97-140. Nonduplication of recovery.Any person having a covered claim that may be recovered under more than one insurance or self-insurance guaranty or security association or its equivalent shall seek recovery first from the association of the place or residence of the claimant. Any recovery under this Article shall be reduced by the amount of recovery from any other insurance guaranty or security association or its equivalent. (1985 (Reg. Sess., 1986), c. 1013, s. 1; 2005-400, s. 7.)
NC Gen Stat § 97-141 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-141 - Stay of proceedings.

 97-141. Stay of proceedings.All claims or proceedings under this Chapter to which the insolvent member self-insurer is a party either before the Industrial Commission or a court in this State and the running of all time periods against either the insolvent member self-insurer or the Association under this Chapter shall be stayed for 60 days from the later of the date of notice to the Association of the insolvency or the date the Association is notified of a claim or proceeding under this Chapter in order to permit the Association to investigate, prosecute, or defend properly any petition, claim, or appeal under this Chapter, provided that the payment of weekly compensation for incapacity is made whenever time periods or proceedings affecting the payment of weekly compensation are stayed. (1985 (Reg. Sess., 1986), c. 1013, s. 1; 2003-115, s. 6.)
NC Gen Stat § 97-142 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-142 - Disposition of assets upon dissolution.

 97-142. Disposition of assets upon dissolution.In the event of dissolution of the Association, all assets remaining after provision for satisfaction of all outstanding claims shall be distributed to the State Treasurer for establishment of a reserve to satisfy potential claims against the Association and, all such claims being satisfied, for inclusion in the general fund of the State. (1985 (Reg. Sess., 1986), c. 1013, s. 1.)
NC Gen Stat § 97-143 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 4 - North Carolina Self-Insurance Security Association.|§ 97-143 - Use of deposits made by insolvent member self-insurers.

 97-143. Use of deposits made by insolvent member self-insurers.After the Commissioner has notified the Association, under G.S. 97-136(a), that a member is insolvent, the Commissioner shall assign and deliver to the Association, and the Association is authorized to expend any deposit made by the insolvent member under G.S. 58-47-90 or G.S. 97-185, to the extent the deposit is needed by the Association to pay covered claims against the insolvent member as required by this Article, and to the extent the deposit is needed to pay expenses of the Association relating to covered claims against the insolvent member. For insolvent individual member self-insurers that participate in the Association Aggregate Security System, the Association is authorized to pursue recovery under every instrument, contract, and form of security comprising the composite security. The Association shall account to the Commissioner and the insolvent member or its successor for all deposits received from the Commissioner under this section. (1991, c. 644, s. 25; 1997-362, s. 6; 2005-400, s. 8.)
NC Gen Stat § 97-175 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-175 - License.

 97-175. License.(a) After the review of the application and all supporting materials, the Commissioner shall either grant or deny a license. If a license is denied, the Commissioner shall notify the applicant of the denial and inform the applicant of the deficiencies that constitute the basis for denial.(b) If the deficiencies are resolved within 60 days after the Commissioner's notice of denial, the applicant shall be granted a license. The applicant may be granted additional time to remedy the deficiencies in its application. A request for an extension of time shall be made in writing by the applicant within 30 days after notice of denial by the Commissioner. If the requirements of this Article have not been met, the application shall be withdrawn or denied. (1997-362, s. 4.)
NC Gen Stat § 97-177 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-177 - License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.

 97-177. License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.(a) The Commissioner may, in the Commissioner's discretion, upon request by an applicant, issue a license to an applicant or to an applicant and one or more of its subsidiaries if all of the following requirements are satisfied:(1) The applicant or a guarantor of the applicant executes a guaranty agreement, in a form prescribed by the Commissioner, for the payment of all workers' compensation liabilities covered under the Act. For any applicant or guarantor that is a corporation, there shall be submitted, along with the guaranty agreement, a board of directors' resolution from the respective corporation authorizing the guaranty of the liabilities of the subsidiary company or companies and granting signature authority to each person or officer executing the agreement.(2) The applicant or guarantor files a statement with the Commissioner that lists the percentage of ownership of voting securities or proxies representing voting securities owned or held by the applicant or guarantor for each subsidiary, or in the case of a not-for-profit entity, documentation acceptable to the Commissioner evidencing control.(3) The applicant and its guarantor or the applicant and its subsidiaries, whichever applies, satisfy the requirements of G.S. 97-170(c).(4) All other applicable requirements for licensure under the Act are satisfied.(b) A license issued by the Commissioner pursuant to this section shall include the name of the applicant, the name of each licensed subsidiary, and the date of issuance for each licensed subsidiary.(c) If a self-insurer requests to add a subsidiary to its license, the Commissioner shall review the request in accordance with this section. Upon approval, the Commissioner shall issue to the self-insurer a new license that includes the newly licensed subsidiary and the date of license issuance for the newly licensed subsidiary, and the self-insurer shall return the original license to the Commissioner.(d) A self-insurer shall neither include nor delete a subsidiary from its license without the Commissioner's prior written approval.(e) If a controlling relationship or guaranty agreement terminates, the self-insurer shall retain all liabilities under the Act that were incurred by the self-insurer during the period of self-insurance and shall account for all such liabilities until discharged, as evidenced by reports filed with the Commissioner. Termination of a guaranty agreement does not affect the guarantor's liability for payment of liabilities arising prior to termination of the agreement. (2005-400, s. 11.)
NC Gen Stat § 97-180 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-180 - Reporting and records.

 97-180. Reporting and records.(a) Every self-insurer shall submit, within 120 days after the end of its fiscal year, a certified audited financial statement, prepared by a CPA or submitted by a foreign registered public accounting firm, for that fiscal year. The financial statement presentation shall facilitate the application of ratio and trend analysis. If the self-insurer was issued a license pursuant to G.S. 97-177, the financial statement required under this subsection shall be that of the guarantor.(b) Every self-insurer shall submit within 120 days after the end of its fiscal year a report from a qualified actuary setting forth an opinion certifying the loss and loss adjustment expense reserves for workers' compensation obligations in North Carolina. The report shall show liabilities, excess insurance carrier and other qualifying credits, if any, and net retained workers' compensation liabilities.(c) Every self-insurer shall submit within 120 days after the end of its fiscal year a report in the form of a sworn statement prescribed by the Commissioner, setting forth the total workers' compensation benefits paid in the previous fiscal year, and the total outstanding workers' compensation liabilities for each loss year, recorded at the close of its fiscal year for the net retained liability.(d) Upon the request of the Commissioner, every self-insurer shall submit a report of its annual payroll information. The report shall summarize payroll, by annual amount paid, and the number of employees, by classification, using the rules, classifications, and rates in the most recently approved Workers' Compensation and Employers' Liability Insurance Manual governing the audits of payrolls and the adjustments of premiums. Every self-insurer shall maintain true and accurate payroll records. These payroll records shall be maintained to allow for verification of the completeness and accuracy of the annual payroll report.(e) Every self-insurer shall report promptly to the Commissioner changes in the name or address of the self-insurer or guarantor; significant changes in the financial condition of the self-insurer, guarantor, or any affiliate, including bankruptcy filings; and changes in its organizational structure, including its subsidiaries and affiliates. Any change shall be reported in writing to the Commissioner within 10 days after the effective date of the change. Upon request by the Commissioner, a self-insurer shall provide the Commissioner copies of documents or information deemed necessary to determine whether any change has affected the privilege of the employer to self-insure.  (1997-362, s. 4; 1999-132, ss. 13.8, 13.9; 2005-400, s. 12; 2009-172, s. 7.)
NC Gen Stat § 97-190 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-190 - Excess insurance.

 97-190. Excess insurance.(a) Every self-insurer, as a prerequisite for licensure under this Article, shall maintain specific and aggregate excess loss coverage through an insurance policy. A self-insurer shall maintain limits and retentions commensurate with its risk. A self-insurer's retention shall be the lowest retention suitable for the self-insurer's exposures and level of 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 self-insurer's claims experience, and the self-insurer's or guarantor's financial condition.(b) An excess insurance policy required by this section shall be issued by either an insurance company licensed in this State, a captive insurance company licensed in this State, or an eligible surplus lines insurer as defined in G.S. 58-21-10 and shall:(1) Provide for at least 30 days' written notice of cancellation by registered or certified mail, return receipt requested, to the self-insurer 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 self-insurer and to the Commissioner.(c) Every self-insurer shall provide to the Commissioner evidence of coverage and any amendments within 30 days after their effective dates. Every self-insurer shall, at the request of the Commissioner, furnish copies of its excess insurance policies and amendments.  (1997-362, s. 4; 2005-400, s. 14; 2013-116, s. 5.)
NC Gen Stat § 97-196 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-196 - Civil penalties or restitution for violations; administrative procedure.

 97-196. Civil penalties or restitution for violations; administrative procedure.(a) Whenever the Commissioner has reason to believe that a self-insurer has violated any of the provisions of this Article, and the violation subjects the license of the self-insurer to suspension or revocation, the Commissioner may, after notice and opportunity for a hearing, proceed under the appropriate subsections of this section.(b) If the Commissioner finds a violation of this Article, the Commissioner may, in addition to or instead of suspending or revoking the license, order the payment or a monetary penalty as provided in subsection (c) of this section or petition the Superior Court of Wake County for an order directing payment of restitution as provided in subsection (d) of this section, or both. Each day during which a violation occurs constitutes a separate violation.(c) If the Commissioner orders the payment of a monetary penalty pursuant to subsection (b) of this section, the penalty shall not be less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the amount of money that inured to the benefit of the violator as a result of the violation, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Payment of the civil penalty under this section shall be in addition to payment of any other penalty for a violation of the criminal laws of this State.(d) Upon petition of the Commissioner, the court may order the self-insurer who committed a violation specified in subsection (b) of this section to make restitution in an amount that would make whole any person harmed by the violation. The petition may be made at any time, and the petition may be made in any appeal of the Commissioner's order.(e) Restitution to any State agency for extraordinary administrative expenses incurred in the investigation and hearing of the violation may also be ordered by the court in such amount that would reimburse the agency for the expenses.(f) Nothing in this section prevents the Commissioner from negotiating a mutually acceptable agreement with any self-insurer as to the status of the self-insurer's license or as to any civil penalty or restitution.(g) Unless otherwise specifically provided for, all administrative proceedings under this Article are governed by Chapter 150B of the General Statutes. Appeals of the Commissioner's orders under this section shall be governed by G.S. 58-2-75. (2005-400, s. 16.)
NC Gen Stat § 97-200 (2021)
2021 North Carolina General Statutes|Chapter 97 - Workers' Compensation Act|Article 5 - Individual Employers.|§ 97-200 - Claims administration.

 97-200. Claims administration.(a) A self-insurer shall not utilize any claims adjuster unless the adjuster is licensed under G.S. 58-33-26.(b) Every self-insurer shall comply with the provisions of Article 47 of Chapter 58 of the General Statutes that are related to claims administration.  (1997-362, s. 4; 2015-264, s. 53.)