reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15484 - Continuing Financial Capacity of Group Self-Insurers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each group self-insurer shall submit
					 annually the group's un-audited financial statement to the Chief by March 1.
					 The group self-insurer shall obtain a current certified, independently audited
					 financial statement complete with all notes and schedules. The financial
					 statement shall be prepared according to Generally Accepted Accounting
					 Principles (GAAP) and shall be submitted to the Chief by July 1 following the
					 end of the program year.
(b) The
					 group self-insurer's financial statement for each year shall include exhibits
					 indicating specific amounts collected as group member contributions and earned
					 from investments, as well as specific amounts for the year reported for the
					 following administrative costs:
(1) Fees and
					 commissions paid to the Group Administrator
(2) Commissions paid to brokers
(3) Fees paid to the third party
					 administrator
(4) Premium paid for
					 excess insurance
(5) Premium paid
					 for fidelity and errors and omissions coverage
(6) Fees paid for surety bonds, letters of
					 credit, or any other security deposit related cost
(7) Fees paid to actuaries
(8) Fees paid to accountants
(9) Regulatory costs
(10) Taxes
(11) Other expenses
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15485 - Resolution to Authorize Self Insurance for a Group Self Insurer or Group Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The resolution to authorize self insurance of workers' compensation required as
					 part of the application for a Certificate of Consent to Self Insure by any
					 group member applicant shall be adopted by the board of directors of each
					 corporation, the general partners of an applicant partnership or joint venture,
					 the managing member of a limited liability corporation, the owner of an
					 applicant sole proprietorship, or the Board of Trustees of an applicant group
					 self insurer. The resolution to authorize self insurance shall include the
					 following:
(1) A statement identifying the
					 applicant by corporate or other legal name, the state of registration, and the
					 date that the resolution was adopted;
(2) Identification by title of appointed
					 officers or other authorized employees who have the authority to sign the
					 application, execute any and all documents required for the application and do
					 subsequent acts as required to maintain self insurance
					 approval.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15486 - Agreement and Undertaking for Director to Utilize Security Deposit to Pay Benefits Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 group self-insurer applicant shall execute an Agreement and Undertaking For
					 Security Deposit (Form S-6 (1-2016)) as part of the application
					 process.
(b) All security deposits
					 shall be posted in accordance with the provisions of the Agreement and
					 Undertaking, and shall permit the Director of Industrial Relations to order the
					 security deposit to be utilized to pay benefits due pursuant to Labor Code
					 Section
					 3701.5.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
2. Amendment of subsection (a) filed
						12-14-2016; operative 1-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 51).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3701,
						  3701.5 and
						  3702.10, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15486.1 - Group Self-Insurer Injury and Illness Prevention Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As part of the
					 application process, a group self-insurer affiliate member applicant for a
					 Certificate of Consent to Self-Insure shall certify they have implemented an
					 effective Injury Illness Prevention Program as required by Labor Code section
					 6401.7 and
					 provide the name, title and contact information for the person within their
					 organization responsible for workplace safety.
(b) The Board of Trustees shall direct the
					 Group Administrator to ensure ongoing risk control and safety support to group
					 members. Ongoing risk control and safety support shall be under the general
					 direction of a California Professional Engineer, a Certified Safety
					 Professional, and/or a Certified Industrial Hygienist. The California
					 Professional Engineer, Certified Safety Professional, or Certified Industrial
					 Hygienist shall report the impact of safety and risk control activities to the
					 Board of Trustees no less frequently than annually, and shall solicit
					 continuing support and direction from the Board of Trustees.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
2. Amendment of section heading and section
						filed 12-14-2016; operative 1-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 51).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700,
						  3702,
						  3702.10,
						  6314.5,
						  6319 and
						  6401.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15487 - Delayed Start-up of a Group Self-Insurer or Group Member Participation in Group Self-Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The approval by the Director to grant a
					 Certificate of Consent to Self-Insure to a group self-insurer and to any group
					 member shall be initially valid for six (6) months after the date of approval
					 by the Director. If the group self-insurer or any group member has not
					 initiated its self-insurance program within the initial six month period, the
					 approval to grant the Certificate of Consent to Self-Insure shall be void. If
					 so, the group self-insurer or group member shall not be issued a Certificate of
					 Consent to Self-Insure unless the applicant files a new application.
(b) Notwithstanding subsection (a), the Chief
					 may extend the approval for a new group self-insurer or group member for an
					 additional three (3) months upon a showing of good cause.
(c) If a group self-insurer applicant or
					 group member applicant fails to initiate a self-insurance program within six
					 (6) months of notification of approval by the Director, the Chief may require
					 the applicant to provide updated loss information and may recalculate the
					 required security deposit amount.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
2. Amendment of section heading and section
						filed 12-14-2016; operative 1-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 51).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700 and
						  3702.10, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15488 - Initial Issuance of the Certificate of Consent to Self Insure and Notice to Employees of Self Insured Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No group self insurer applicant or
					 affiliate group self insure applicant may commence self insurance until the
					 applicant has posted the required security deposit with the Department of
					 Industrial Relations through the Office of Self Insurance Plans and has
					 submitted proof of specific excess insurance pursuant to Section
					 15478 of these
					 regulations.
(b) The group member
					 shall prominently display the original or a copy of the Certificate of Consent
					 to Self Insure at the group member's place of business in California.
(c) Notice to employees of workers'
					 compensation coverage as required by Labor Code Section
					 3550 shall be
					 accomplished by display of a copy of the group member's Affiliate Certificate
					 of Consent to Self Insure accompanied by a notice stating the name of the
					 person(s) or administrative agency responsible for claims adjustment.
(d) If a private group self insurer or
					 affiliate group member is required to provide evidence of its approved self
					 insured status to prove compliance with Labor Code Section
					 3700, the
					 Manager shall provide to the Group Administrator certification of self
					 insurance to be distributed by the Group Administrator for this purpose One can
					 determine whether an employer is self insured or not electronically at the
					 website of the Office of Self Insurance Plans at http://sip.dir.ca.gov/.
					 Beginning April 1, 2009, there is a ten dollar ($10) fee for signed
					 certification of self insured status.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700,
						  3701,
						  3702,
						  3702.10 and
						  3550, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15489 - Reporting Group Charter Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Group Administrator and/or Board of Trustees of any
						group self insurer shall notify the Manager in writing and provide copies of
						any amendment, change, or update to the group self insurer's charter, Articles
						of Incorporation, or bylaws, including changes to the group self insurer's
						underwriting criteria, or group operating agreement. Notification shall be made
						within 30 days of the change.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700,
						  3701,
						  3702,
						  3702.10 and
						  3550, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15489.1 - Change in Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The group self insurer and/or group member shall notify the Manager in writing
					 within 30 days of any of the following:
(1)
					 Any amendment to an affiliate group member employer's charter, articles or
					 agreement of incorporation, association, or co-partnership which changes its
					 identity, business structure, or ownership in a material manner from the status
					 as it existed at the time of issuance of its Certificate of Consent to Self
					 Insure;
(2) If the group self
					 insurer or any group member proposes to cease doing business entirely, proposes
					 to cease doing business in California, or proposes to dispose of, by sale or
					 otherwise, the controlling interest of the business for which the Certificate
					 of Consent to Self Insure or Affiliate Certificate of Consent to Self Insure
					 was issued.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15490 - Validity of Certificate to Group Self Insurer or Group Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Certificate
					 of Consent to Self Insure shall be valid only to the private corporation,
					 partnership, company, subsidiary, affiliate entity, limited liability
					 corporation, group self insurer, or other group member to which the Certificate
					 of Consent to Self Insure, Interim Certificate, or Affiliate Certificate of
					 Consent to Self Insure was issued. No subsidiary or affiliate of an affiliate
					 group self insurer shall be deemed self insured as a member of the group self
					 insurer unless it has been issued an Interim Certificate of Consent to Self
					 Insure pursuant to Section
					 15482.2 or has applied for and been
					 approved for an Affiliate Certificate of Consent to Self Insure as a member of
					 the group.
(b) Except as provided
					 in Labor Code Section
					 3701.7, the
					 Manager shall not issue a group member Interim or Affiliate Certificate of
					 Consent to Self Insure with an effective date earlier than the date the
					 approval of the group member by the Board of Directors of the group self
					 insurer.
(c) Once the self
					 insurance program of a group self insurer or a member of a group self insurer
					 has been initiated after approval by the Director, the certificate issued shall
					 be valid until revoked by order of the Director.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3701,
						  3701.5 and
						  3702.10, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15490.1 - Reinstatement of a Certificate or Affiliate Certificate of Consent to Self Insure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 group self insurer or group member that because of a legal change in business
					 or corporate structure or in its legal name has had its self insurance
					 privilege terminated may have its Certificate of Consent to Self Insure
					 reinstated without lapse, provided that the group self insurer or group member
					 can re-qualify for self insurance.
(b) To request reinstatement of a Certificate
					 or of an Affiliate Certificate of Consent to Self Insure following a change in
					 status by the group self insurer or a group member, the group self insurer or
					 Group Administrator shall submit to the Manager a written statement describing
					 the nature of the change. The Manager may request any documents necessary to
					 verify the change in status which the group self insurer or Group Administrator
					 shall provide. The group self insurer also shall provide to the Manager a
					 statement signed by the Group Administrator that the group self insurer's
					 Assumption and Guarantee of all workers' compensation liabilities will include
					 any additional self insured liabilities incurred after a group member's change
					 in status, or, if indicated, a new Assumption and Guarantee Agreement regarding
					 the affected group member.
(c) Upon
					 satisfactory compliance with subsection (b) the Manager may prepare and issue
					 an order reflecting the change in status of the group self insurer and/or group
					 members and reinstating its Certificate of Consent to Self Insure.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700,
						  3701,
						  3702 and
						  3702.10, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15491 - Group Self-Insurer and Group Member Application Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each group
					 self-insurer and/or group member making application for a Certificate of
					 Consent to Self-Insure or requesting an Interim Certificate of Consent to
					 Self-Insure shall pay a non-refundable filing fee at the time of filing the
					 application or requesting the Interim Certificate on the following basis:
(1) A filing fee to accompany a new group
					 self-insurer application shall be $1,000 for the group application;
(2) For each group member's application, the
					 filing fee shall be $500;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15496 - Group Self-Insurer's Security Deposit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each group self-insurer shall post and
					 maintain a security deposit with the Director upon approval of its Certificate
					 of Consent to Self-Insure. The security deposit amount shall be in accordance
					 with the provisions of this section, and, once a Self-Insurer's Actuarial Study
					 and Summary has been filed, no less than as determined pursuant to Labor Code
					 Section
					 3701,
					 calculated as the undiscounted expected actuarial confidence level including
					 each of the following components: incurred but not reported (IBNR) liabilities,
					 Allocated loss adjustment expense (ALAE), Unallocated loss adjusted expense
					 (ULAE) net of specific excess insurance coverage.
The required deposit may be increased at the Director's
						discretion as set forth in Article 3 of these regulations.
(b) Upon approval of a Certificate of Consent
					 to Self-Insure, the group self-insurer, in the manner provided in subsection
					 (c), shall post an initial security deposit in an amount no less than the
					 following:
(1) An amount equal to sixty
					 percent (60%) of one year average incurred losses of the initial affiliate
					 member(s). The average incurred losses shall be determined by taking the
					 previous three years of incurred losses of the initial member(s), adding them
					 together and dividing by three to determine the one year average incurred loss.
					 The initial deposit shall be posted in four equal installments. The first
					 installment shall be posted within thirty (30) days of the effective date of
					 the certificate to self-insure, and each of the remaining installments shall be
					 posted at ninety days intervals after the initial deposit;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15497.1 - Security Deposit Adjustment upon Revocation of Group Self Insurer or Group Member Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event of the revocation of a
					 Certificate of Consent to Self Insure of a group self insurer or Affiliate
					 Certificate of Consent to Self Insure of a group member, whether voluntarily or
					 involuntarily, the Manager shall determine the need for a special revocation
					 audit of the claims of the group self insurer and/or group member and the need
					 for a deposit adjustment to secure future liabilities of the revoked group self
					 insurer pursuant to Labor Code Section
					 3701 and
					 Sections 15301 and
					 15497 of these
					 regulations.
(b) The amount of
					 security deposit and/or the deposit rate required by the Manager in conjunction
					 with the revocation of the group self insurer's Certificate of Consent to Self
					 Insure may be at an amount or rate above the minimum required by Labor Code
					 Section
					 3701.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55,
						  3701.8 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  129,
						  3700,
						  3701,
						  3701.5,
						  3701.8,
						  3702,
						  3702.3,
						  3702.6,
						  3702.8 and
						  3744, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15498 - Insurance Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any group self insurer or group member shall be permitted to insure all or part
					 of its liability to secure the payment of compensation pursuant to Labor Code
					 Section
					 3700 by
					 obtaining a standard workers' compensation insurance policy issued by an
					 admitted carrier. Complete insurance coverage of a group member's workers'
					 compensation liabilities under a standard workers' compensation insurance
					 policy shall be good cause for revocation of the group member's Affiliate
					 Certificate of Consent to Self Insure. Complete insurance coverage for all
					 members of a group self insurer or a number of group members sufficient to
					 reduce the size of the group self insurer to the extent that it no longer meets
					 net worth and/or financial requirements to operate as a group self insurer
					 shall be good cause for revocation of the group self insurer's Certificate of
					 Consent to Self Insure.
(b) Each
					 group self insurer shall provide the Manager with information regarding any
					 standard workers' compensation insurance policies, specific excess workers'
					 compensation insurance coverage, and/or any aggregate excess (stop loss)
					 workers' compensation insurance coverage obtained for the group self insurer or
					 any group.
(c) The Group
					 Administrator of the group self insurer shall provide a Certificate of
					 Insurance, a copy of the workers' compensation insurance policy or policies
					 maintained by the group self insurer or its group members, including any
					 binders or endorsements, and copies of insurer loss runs related to the group
					 self insurer or any group member upon request of the Manager.
(d) A group self insurer that elects to
					 purchase an aggregate excess policy shall not be given any credit or reductions
					 in its security deposit requirement based on its aggregate excess
					 coverage.
(e) A group self insurer
					 or group member may sell off any or all of its workers' compensation
					 liabilities through the purchase of a special excess workers' compensation
					 insurance policy or policies pursuant to Labor Code Section
					 3702.8(c).
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  129,
						  3700,
						  3701,
						  3701.5,
						  3702,
						  3702.8,
						  3740,
						  3743 and
						  3744, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15499 - Allocation of the Security Deposit for a Group Self Insurer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The liabilities of each member of a group
					 self insurer for its period of self insurance shall be included within the
					 security deposit of the group self insurer.
(b) Each security deposit posted by a group
					 self insurer, regardless of type of deposit, shall be applicable to the
					 liabilities of all members of the group self insurer and shall be amended, if
					 necessary, to include all new members added to the group self
					 insurer.
(c) No portion of the
					 overall security deposit for a group self insurer may be allocated or limited
					 to any specific affiliate or subsidiary under the Master Certificate of the
					 group self insurer.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  129,
						  3700,
						  3700(b),
						  3701,
						  3702,
						  3702.5,
						  3702.6,
						  3702.8,
						  3703,
						  3704,
						  3705 and
						  3744, Labor
						  Code; and Section
						  189,
						  Corporations Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15499.5 - Appeals of Increases in Security Deposits Based on Impaired Group Self Insurer Financial Condition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event the Manager has required an
					 increase in security deposit based upon the impaired financial status of the
					 group self insurer, and if the group self insurer seeks to appeal the Manager's
					 decision, upon receipt of the written appeal the Manager shall order a
					 detailed, independent third party financial and/or actuarial evaluation of the
					 group self insurer by a group self insurance risk and/or actuarial consultant
					 in order to evaluate the group self insurer's financial status. The cost of the
					 third party financial evaluation report shall be paid by the group self
					 insurer.
(b) Upon receipt of the
					 evaluation report, the appeal will be considered by the Manager, and if not
					 resolved between the Manager and the group self insurer, addressed pursuant to
					 Labor Code Section
					 3701.5(g)
					 and Article 11 of these regulations.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  3701 and
						  3701.5(g),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 1 - Delegation of Enforcement Authority › Section 15550 - Delegation of Enforcement Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director of Industrial Relations delegates concurrent
						authority to enforce Labor Code Sections
						3700,
						3710,
						3710.1,
						3710.2,
						3711,
						3712,
						3713,
						3714,
						3718,
						3722,
						3723,
						3725,
						3726 and
						3727 to the
						Division of Labor Standards Enforcement.
1. New
						Group 2.05 (Articles 1-15, Sections
						15550-15596) filed 6-27-79;
						effective thirtieth day thereafter (Register 79, No.
						26).
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15551 - Direction to File Verified Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Direction to File Verified Statement" means the notice
						sent pursuant to Labor Code Section
						3722 to
						employers found by the Workers' Compensation Appeals Board not to have secured
						the payment of compensation.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15552 - Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Director" means the Director of Industrial Relations or
						his designated agents or delegees.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15553 - Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Division" means Division of Labor Standards Enforcement
						unless otherwise specified.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15554 - Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Findings" means Findings issued by the Division after a
						hearing on the objection to a Penalty Assessment Order or a Stop
						Order.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15555 - Issue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Issue" means to issue and serve a Stop Order, a Penalty
						Assessment Order or a Notice on the employer.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15556 - Notice of Findings on Penalty Assessment Order or Stop Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Notice of Findings on Penalty Assessment Order or Stop
						Order" means the notice issued by the Division to an employer after a hearing
						on the objection to a Penalty Assessment Order or a Stop
						Order.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15557 - Penalty Assessment Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Penalty Assessment Order" means an order issued by the
						Division to an employer requiring the payment of penalties as set forth in
						Labor Code Sections
						3710.1,
						3711 or
						3722.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15558 - Special Judgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Special Judgment" means the judgment entered by the
						clerk of the Superior Court pursuant to Labor Code Section
						3726.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15559 - Stop Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Stop Order" means an order issued by the Director
						pursuant to Labor Code Section
						3710.1 to an
						employer prohibiting the use of employees' labor until the employer secures the
						payment of compensation as required by Labor Code Section
						3700.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15560 - Uninsured Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Uninsured Employer" means any employer who has failed to
						secure the payment of compensation as required by Labor Code Section
						3700.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  371,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15561 - Verified Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Verified Statement" means a written form sent by the
						Workers' Compensation Appeals Board to an employer upon which such employer is
						directed to indicate (under penalty of perjury) the number of employees in his
						employ on the date of injury and submit this statement to the
						Division.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 2 - Definitions › Section 15562 - Verified Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Verified Petition" means a written statement made and
						signed by an employer either (1) under oath taken before a notary public or
						other officer authorized to take affidavits and to administer oaths or (2)
						under a declaration stating in substance "I declare under penalty of perjury
						that the foregoing is true and correct" and further stating the date and place
						of execution. This petition is to be used by an employer who wishes to object
						to a Penalty Assessment Order and thereby request an administrative
						appeals.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 3 - Investigation of Employer's Workers' Compensation Status › Section 15563 - Access to Places of Labor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division, its deputies and agents shall have free
						access to information about workers' compensation coverage in all places of
						labor. The Division shall investigate any employer to determine whether he has
						secured the payment of workers' compensation as required by
						law.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 3 - Investigation of Employer's Workers' Compensation Status › Section 15564 - Inquiry into Workers' Compensation Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division shall inquire of any employer the status of
						such employer's workers' compensation coverage pursuant to Section
						3711 of the
						Labor Code.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 3 - Investigation of Employer's Workers' Compensation Status › Section 15565 - Posting Notice of Workers' Compensation Carrier

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each employer is required to post a notice of his
						workers' compensation carrier at his headquarters or branch office together
						with the date of the expiration of his policy and the telephone number of the
						nearest office of the Labor Commissioner so that employees may call to report
						expiration of such coverage (as required by Labor Code Section
						3713). Failure
						to post such notice is a misdemeanor.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 4 - Penalties › Section 15566 - Assessment of Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Insured employers shall be assessed penalties for the
						failure or refusal to furnish information concerning the status of their
						workers' compensation coverage. Uninsured employers shall be assessed penalties
						for the failure to secure the payment of workers' compensation coverage for
						their employees.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 4 - Penalties › Section 15567 - Penalty Assessment Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Penalties shall be assessed by the issuance of Penalty
						Assessment Orders and shall be served as prescribed in these
						regulations.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 4 - Penalties › Section 15568 - Types of Penalty Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Penalties in Non-Injury Cases.
(1) A fifty ($50) dollar penalty shall be
					 assessed against an insured employer who fails or refuses to make a written
					 response as to the status of his workers' compensation insurance when directed
					 to do so by the Division.
(2) A one
					 hundred ($100) dollar penalty shall be assessed an uninsured employer for each
					 employee in his employ and not necessarily actually working at the time, a Stop
					 Order is served upon him for failing to carry workers' compensation coverage on
					 his employees.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 4 - Penalties › Section 15569 - Maximum Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum penalties that may be assessed under Section
						15568(a)(2) and
						Section 15568(b)(1) and
						(b)(2) shall not exceed ten thousand
						($10,000) dollars.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.