Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-38 - GEORGIA WORKERS' COMPENSATION ASSIGNED RISK INSURANCE PLAN › Rule 120-2-38-.06 - Administration of Plan

Current through Rules and Regulations filed through June 27, 2024
(1) The Administrator of the Plan shall be
				appointed by the Commissioner of Insurance of the State of Georgia and shall be
				removable at the discretion of the Commissioner.
(2) The Administrator shall file, in such
				form as is acceptable to the Commissioner, operating rules, procedures and
				guidelines for the operation of the Plan. The Commissioner shall approve such
				reasonable operating rules, procedures and guidelines as are necessary or
				advisable to effectuate the provisions of this Regulation.
(3) The operating rules, procedures or
				guidelines for the operation of the Plan may include a provision for one or
				more Carriers to assume the duties of issuing and servicing workers'
				compensation insurance policies written in accordance with this Plan. Such
				provision, however, shall not relieve any Carrier of its obligations under this
				Plan nor affect any allotment of assignments made hereunder.
(4) The Administrator shall file with the
				Commissioner for prior approval all administrative fees it intends to collect
				for administering and servicing Plan business. This shall be submitted by
				October 1st for the upcoming year. For purposes of this subsection,
				administrative fees are defined as any revenue collected by the Administrator
				involving Plan business including, but not limited to, company assessments,
				service fees, interest, inspection reports fees, experience rating worksheets
				fees, survey fees, agency based fees, computer service fees, and amounts
				collected from the sale of reports, filings or publications using Georgia
				Workers' Compensation Assigned Risk data.
On or before April 1 of each year, the Administrator shall
				  submit a report to the Commissioner for the prior calendar year detailing all
				  administrative fees actually collected.
(5) The Administrator shall establish
				eligibility criteria and written performance standards for Assigned Carriers,
				subject to the Commissioner's approval. The Commissioner may designate the
				Administrator to conduct a Servicing Carrier bid process or other method of
				selecting Servicing Carriers and establishing the Servicing Carrier allowance
				at his discretion. Any contract issued between the Administrator and the
				Servicing Carrier shall not contain any language that could circumvent or limit
				the Commissioner's authority in terminating Servicing Carriers for
				cause.
(6) Any Carrier interested
				in becoming a Direct Assignment Carrier shall submit an application annually to
				the Commissioner for approval. The Commissioner may establish eligibility
				criteria for Carriers applying to qualify for Direct Assignment status. Direct
				Assignment Carrier will be required to adhere to the same performance standards
				and rules established by the Plan. Any Direct Assignment Carrier not complying
				with Plan performance standards or rules may be terminated by the Commissioner
				with thirty (30) days notice. The Administrator, at least every three years, or
				more often if warranted, shall perform a performance audit to ensure compliance
				with the above conditions.
(7) The
				Administrator shall submit to the Commissioner on a quarterly basis or annual
				basis depending on the nature of the report, true and correct copies of any
				performance audits conducted by or on behalf of the Administrator on Assigned
				Carriers.
(8) The Administrator
				shall file, on a quarterly basis, a list of all assignments made. Such list
				shall include the Carrier's name and indicate whether servicing or direct, the
				name and address of the assigned Risk, original effective date of coverage,
				expiration date, experience modification factor, governing class, state premium
				and the Risk identification number.
(9) Any and all information collected by the
				Administrator, including but not limited to policyholder information, workers'
				compensation insurance data, statistical data, and information resulting from
				the use of such data, in manual and automated form, shall be provided to the
				Commissioner upon request in a format prescribed by the Commissioner and shall
				be and remain the property of the State of Georgia.
O.C.G.A. Secs.
				  33-2-9,
				  33-9-8,
				  33-9-20,
				  33-9-21,
				  34-9-133.