2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2392. Assessments for administrative expenses on insurance carriers.

§ 2392. Assessments for administrative expenses on insurance carriers.
(a) For the purpose of securing to the State the moneys necessary for paying the salaries and necessary expenses of the State in administering and carrying out Part II of this title relating to worker's compensation, insurance carriers shall pay the assessments imposed by this section.
(b) Semi-annually, on or before September 30 and March 31, every insurance carrier, insuring employees who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees, shall report, under oath, or, in the case of a corporation, verified by the affidavit of its president and secretary or other chief officers or agents, to the Secretary of Finance, the amount of all compensation payments and awards actually paid by said carrier during the preceding calendar year, excluding payments made under § 2395 of this title and reimbursements received under § 2396 of this title.
(c) The Division of Industrial Affairs semi-annually as soon as practicable after January 1, 1996 and July 1 shall ascertain and report to the Secretary of Finance the total amount of the following expenses:
(1) 100% of the expenses of the Industrial Accident Board;
(2) 66.6% of all expenses of the inspection function of the Division of Industrial Affairs;
(3) 66.6% of all expenses of the safety function of the Division of Industrial Affairs; and
(4) a. A portion of the Division of Industrial Affairs' administration costs which shall be computed by first adding paragraphs (c)(1), (2) and (3) of this section set forth immediately above; this sum shall then be divided by the amount of all expenses of the Division of Industrial Affairs; the quotient yielded shall be set forth as a percentage rate which shall then be multiplied by the total expenses of the administrative function of the Division of Industrial Affairs, and the product shall be the portion of the Division's administration costs.
b. In determining these expenses, the Division of Industrial Affairs shall include in addition to the direct cost of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the State for and on account of personnel, rentals for space occupied in state-owned or state-leased buildings and all other direct and indirect costs incurred during the preceding calendar year. An itemized statement of the expenses so ascertained shall be open to public inspection in the office of the Department from January 16 to January 31 and from July 16 to July 31 at which time any insurance carrier may challenge said amount of expenses. An appeal of said expenses must be made in writing and received by the Secretary of Labor within 5 days of the closing date of the inspection period. The Secretary or the Secretary's designee shall render a decision of the appeal in writing.
(d) The Department shall then determine for each insurer the proportion/percentage of the expense determined in subsection (c) of this section that the total compensation or payments made by each insurer bore to the total of such expenses. Using these proportions/percentages, the Department shall then assess each insurer its proportion/percentage of such expenses. The amounts so secured shall be paid to the Department of Labor, Division of Industrial Affairs for the expenses of administering this chapter. Such sums shall not be part of the General Fund of the State.
Code 1915, §  3193eee;  30 Del. Laws, c. 204;  Code 1935, §  6127;  42 Del. Laws, c. 55, §  3;  19 Del. C. 1953, §  2392;  57 Del. Laws, c. 741, §§  29B-29D;  61 Del. Laws, c. 152, §  2;  65 Del. Laws, c. 260, §  1;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 118, §  244;  70 Del. Laws, c. 172, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §§  3, 20;  72 Del. Laws, c. 80, §  1;