Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.176 - Failure to provide security: assessment of civil penalties

Current through May 31, 2024
(a) If
				the board finds an employer to have failed to provide security as required by
				AS
				23.30.075, the employer is subject to a civil
				penalty under
				AS
				23.30.080(f), determined as
				follows:
(1) if an employer has an inadvertent
				lapse in coverage, the civil penalty assessed under
				AS
				23.30.080(f) for the
				employer's violation of
				AS
				23.30.075 may be no more than the prorated
				premium the employer would have paid had the employer been in compliance with
				AS
				23.30.075; the division shall consider a
				lapse in coverage of not more than 30 days to be inadvertent if the employer
				has changed carriers, ownership of the employer has changed, the form of
				business entity of the employer has change, the individual responsible for
				obtaining workers' compensation coverage for the employer has changed, or the
				board determines an unusual extenuating circumstance to qualify as an
				inadvertent lapse;
(2) if an
				employer has not previously violated
				AS
				23.30.075, and is found not to have
				aggravating factors, and agrees to a stipulation of facts and executes a
				confession of judgment without action, without a board hearing, the employer
				will be assessed a civil penalty of two times the premium the employer would
				have paid had the employer complied with
				AS
				23.30.075;
(3) if an employer has not previously
				violated AS 23.30.075, and is found to have
				no more than three aggravating factors, the employer will be assessed a civil
				penalty of no less than $10 and no more than $50 per uninsured employee
				workday; however, the civil penalty may not be less than two times the premium
				the employer would have paid had the employer complied with
				AS
				23.30.075; without a board hearing, if an
				employer agrees to a stipulation of facts and executes a confession of judgment
				without action, the employer will be given a 25 percent discount of the
				assessed civil penalty; however, the discounted amount may not be less than any
				civil penalty that would be assessed under (2) of this subsection;
(4) if an employer is found to have no more
				than six aggravating factors, the employer will be assessed a civil penalty of
				no less than $51 and no more than $499 per uninsured employee workday; however,
				the civil penalty may not be less than two times the premium the employer would
				have paid had the employer complied with
				AS
				23.30.075; without a board hearing, if an
				employer agrees to a stipulation of facts and executes a confession of judgment
				without action, the employer will be given a 25 percent discount of the
				assessed civil penalty; however, the discounted amount may not be less than any
				civil penalty that would be assessed under (3) of this subsection;
(5) if an employer is found to have no fewer
				than seven and no more than 10 aggravating factors, the employer will be
				assessed a civil penalty of no less than $500 and no more than $999 per
				uninsured employee workday; however, the civil penalty may not be less than
				four times the premium the employer would have paid had the employer complied
				with AS
				23.30.075; without a board hearing, if an
				employer agrees to a stipulation of facts and executes a confession of judgment
				without action, the employer will be given a 25 percent discount of the
				assessed civil penalty; however, the discounted amount may not be less than any
				civil penalty that would be assessed under (4) of this subsection;
(6) if an employer is found to have more than
				10 aggravating factors, the employer will be assessed a civil penalty of $1,000
				per uninsured employee workday.