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 11 - Hearing and Appeal Procedures › Section 15430 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may initiate an investigation or hold a
						hearing to implement the law and regulations with respect to the following self
						insurance matters:
(a) Disputes
					 specified in Labor Code section
					 3701.5(f)
					 arising between or among a surety, the issuer of an agreement of assumption and
					 guarantee of workers' compensation liabilities, the issuer of a letter of
					 credit, any custodian of the security deposit, a self-insured employer, or the
					 Self-Insurers' Security Fund;
(b)
					 Disputes between any self-insurer and the Chief involving action by the Chief
					 to involuntarily revoke an existing certificate for cause pursuant to Labor
					 Code section
					 3702;
(c) Disputes involving action by the Chief to
					 revoke or deny issuance of a certificate to administer pursuant to Labor Code
					 sections
					 3702.1 and
					 3702.7;
(d) An appeal by a private sector
					 self-insurer concerning the amount of the security deposit to be posted
					 pursuant to Labor Code section
					 3701(b)
					 or section 15210 of these
					 regulations;
(e) An appeal by any
					 self-insurer concerning any civil penalty assessment made pursuant to Labor
					 Code section
					 3702.9;
(f) The appeal of an employer alleging its
					 application for a certificate or by an administrator that its application for a
					 certificate to administer has not been processed in a timely manner;
(g) To determine whether good cause exists to
					 revoke any self-insurers' certificate for willful or repeat serious violations
					 of occupational safety and health regulations as noted in Cal/OSHA citations
					 issued by the Division of Occupational Safety and Health;
(h) An appeal by a private self insurer
					 concerning the calculation, posting, or any other aspect of its deposit
					 assessment after payment of the deposit assessment in the time provided to the
					 Security Fund, and;
(i) An appeal
					 by a private self insurer of any civil penalty assessed for failure to pay a
					 deposit assessment to the Security Fund.
1. New
						article 11 (sections
						15430-15437) filed 11-21-78;
						effective thirtieth day thereafter (Register 78, No. 47).
2.
						Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).
3.
						Change without regulatory effect amending subsection (d) filed 6-13-2000
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2000, No. 24).
4. Amendment of subsections (c)
						and (g), new subsections (h)-(i) and amendment of NOTE filed 5-30-2003 as an
						emergency; operative 5-30-2003 (Register 2003, No. 22). A Certificate of
						Compliance must be transmitted to OAL by 9-29-2003 or emergency language will
						be repealed by operation of law on the following day.
5. Certificate
						of Compliance as to 5-30-2003 order transmitted to OAL 9-29-2003 and filed
						11-12-2003 (Register 2003, No. 46).
6. Amendment of subsections
						(a)-(c) filed 5-14-2020; operative 7-1-2020 (Register 2020, No.
						20).
Note: Authority cited: Sections
						  54,
						  55,
						  3701.8 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3700,
						  3701,
						  3701.5,
						  3701.8,
						  3702,
						  3702.1,
						  3702.5,
						  3702.6,
						  3702.7,
						  3702.9,
						  3705 and
						  3740-
						  3747, Labor
						  Code; and Sections
						  11181-
						  11188 and
						  15378,
						  Government Code.