reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1518 - Voluntary Termination of Self-Insurance Authorization

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Self-Insurer voluntarily terminating
				self-insurance shall file a completed Notice of Termination of Self-Insurance
				Form at least 30 days before the effective date of the termination.
B. If a Self-Insurer voluntarily terminates
				self-insurance, the individual employer or each member of a Self-Insurance Pool
				shall provide the Commission proof of compliance with A.R.S. § 23-961(A)
				not later than 10 days after the termination is effective.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1519 - Withdrawal from a Self-Insurance Pool; Termination of Membership by a Self-Insurance Pool

Current through Register Vol. 30, No. 28, July 12, 2024
A. A member of
				a Self-Insurance Pool may voluntarily withdraw from a Self-Insurance Pool or a
				Self-Insurance Pool may terminate an employer's membership in a Self-Insurance
				Pool under the bylaws of the Self-Insurance Pool and applicable law.
B. A Self-Insurance Pool shall provide the
				Commission written notice of a member's intent to withdraw from a
				Self-Insurance Pool or a Self-Insurance Pool's intent to terminate an
				employer's membership in a Self-Insurance Pool at least 30 days before the
				withdrawal or termination is effective.
C. If a member of a Self-Insurance Pool
				withdraws from a Self-Insurance Pool or a Self-Insurance Pool terminates an
				employer's membership in a Self-Insurance Pool, the terminated or withdrawing
				member shall provide the Commission proof of compliance with A.R.S. §
				23-961(A) not later than 10 days after the termination or withdrawal is
				effective.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1520 - Security Amount and Type; Apportionment Credit; Excess Insurance Credit; Release

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as provided in R20-5-1525, and subject to the minimum requirements in A.R.S.
				§ 23-961:
1. A newly approved
				Self-Insurer shall post security in an amount equal to the prior three-year
				average of annual total paid medical and indemnity benefits, unless the
				Commission requires a different amount according to R20-5-1509(C).
2. A Self-Insurer renewing authority to
				self-insure shall post security in an amount equal to 125% of its total
				estimated future indemnity and medical liability as calculated on the Workers'
				Compensation Liability Form, unless the Commission requires a different amount
				according to R20-5-1509(C).
3. A
				Self-Insurance Pool adding a new member shall post security in an amount equal
				to the prior three-year average of annual total paid medical and indemnity
				benefits of the new member, unless the Commission requires a different amount
				according to R20-5-1509(C).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1521 - Guaranty Bond; Effective Date

Current through Register Vol. 30, No. 28, July 12, 2024
A Self-Insurer may post a guaranty bond or rider of a
				  guaranty bond as security if:
1. The
				insurance carrier providing the guaranty bond submits the bond to the
				Commission on the Workers' Compensation Guaranty Bond Form, which is signed by
				an authorized representative of the Self-Insurer and the insurance
				carrier;
2. Any rider of a guaranty
				bond is signed and dated by an authorized representative of the insurance
				carrier and the Self-Insurer;
3.
				The penal sum of the guaranty bond or rider is no less than the amount the
				Self-Insurer is required to post as security under this Article;
4. The insurance carrier issuing the guaranty
				bond or rider is authorized to transact the business of surety insurance in
				Arizona by the Department of Insurance and Financial Institutions;
5. The insurance carrier issuing the guaranty
				bond or rider does not have an affiliate relationship with the
				Self-Insurer;
6. The insurance
				carrier issuing the guaranty bond or rider has a rating with A.M. Best of at
				least A-; and
7. The guaranty bond
				or rider bears the same effective date as the Authorization Date.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1522 - Letter of Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				Self-Insurer may post a letter of credit as security if:
1. The letter of credit is registered to:
				"The Industrial Commission of Arizona, in trust for the fulfillment by [INSERT
				SELFINSURER'S NAME] of its obligations under the Arizona Workers' Compensation
				laws"
2. The bank issuing the
				letter of credit is a federal or Arizona-chartered bank upon which demand may
				be made and from which funds will be immediately payable on demand;
3. The letter of credit includes the name and
				address of the Self-Insurer;
4. An
				authorized representative of the issuing bank executes the letter of
				credit;
5. The original letter of
				credit and original amendments to a letter of credit are provided to the
				Commission;
6. The initial letter
				of credit is valid for a period of one year from the effective date;
7. The issuing bank does not have an
				affiliate relationship with the Self-Insurer;
8. The letter of credit includes a provision
				that the letter of credit automatically extends for consecutive periods of one
				year, unless the issuing bank provides written notice to the Commission 60 days
				before the expiration of any one-year term that the issuing bank will not renew
				the letter of credit for the additional period;
9. The letter of credit states the amount
				available under the letter of credit, which shall be no less than the amount
				the Self-Insurer is required to post as security under this Article;
				and
10. The letter of credit
				includes a statement that the Commission may make a demand on the letter of
				credit by providing the issuing bank a signed statement by an official of the
				Commission stating either that the Self-Insurer has failed to comply with its
				workers' compensation obligations or failed to renew or substitute acceptable
				security for its workers' compensation liability 30 days before the expiration
				of the letter of credit.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1523 - Local Government Investment Pool Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A Public Entity or Public Entity Pool may post Local
				  Government Investment Pool funds as security if:
1. The Public Entity or Public Entity Pool
				completes a Statutory Deposit Agreement Form, which is signed by an authorized
				representative of the Self-Insurer, the Arizona State Treasurer, and the
				Commission; and
2. The funds
				deposited with the Arizona State Treasurer are no less than the amount the
				Self-Insurer is required to post as security under this Article.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1524 - Federal Money Market Fund or Treasury Note

Current through Register Vol. 30, No. 28, July 12, 2024
A Self-Insurer may post a federal money market fund or a
				  treasury note as security if:
1. The
				Self-Insurer completes a Custody Agreement Form, which is signed by an
				authorized representative of the Self-Insurer, the custodial bank, the Arizona
				State Treasurer, and the Commission; and
2. The amount of the Federal money market
				fund or treasury note posted shall be no less than the amount the Self-Insurer
				is required to post as security under this Article.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1525 - Waiver from Requirement to Post Security for a Public Entity or Public Entity Pool

Current through Register Vol. 30, No. 28, July 12, 2024
A. Only a
				Public Entity or Public Entity Pool is eligible for a waiver from posting
				security.
B. A Public Entity or
				Public Entity Pool may receive a waiver from posting security if:
1. The Public Entity has conducted business
				or the Public Entity Pool has operated in Arizona for a minimum of five
				consecutive years;
2. The Public
				Entity Trust Fund (for a Public Entity) or the Workers' Compensation Pool Loss
				Account (for a Public Entity Pool) continually maintains a positive
				fund/account balance; and
3. The
				Public Entity Trust Fund (for a Public Entity) or the Workers' Compensation
				Pool Loss Account (for a Public Entity Pool) is continually funded to cover
				actuarial liabilities of the Self-Insurer's incurred claims in accordance with
				the February 1996 Governmental Accounting Standards Board Statement No. 30
				(Risk Financing Omnibus, An Amendment of GASB Statement No. 10), available from
				the Governmental Accounting Standards Board. This incorporation by reference
				does not include any later amendments or editions of the incorporated matter. A
				copy of the incorporated matter is available from the Commission or may be
				obtained from the Governmental Accounting Standards Board at 401 Merritt 7,
				P.O. Box 5116, Norwalk, CT 06856-5116.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1526 - Excess Insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				Self-Insurer may secure specific and aggregate excess insurance if all of the
				following are satisfied:
1. The insurance
				carrier issuing excess insurance is authorized to transact the business of
				excess insurance in Arizona by the Department of Insurance and Financial
				Institutions;
2. The retention for
				specific excess insurance is not less than $100,000 without advance written
				approval by the Commission;
3.
				Payments of workers' compensation benefits on a claim made by a Self-Insurer,
				member, or through security posted by a Self Insurer are applied toward
				reaching the retention level in the excess insurance policy;
4. The excess insurance carrier does not have
				an affiliate relationship with the Self-Insurer; and
5. The excess insurance policy provides that
				insolvency of the Self-Insurer does not relieve the excess insurance carrier of
				liability under the policy.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1527 - Self-Insurance Pool Board; Administrator

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Self-Insurance Pool shall be directed by
				a Self-Insurance Pool Board consistent with A.R.S. §§ 11-952.01,
				15-382, 23-961.01, 41621.01, and this Article, as applicable.
B. The Self-Insurance Pool Board of a Similar
				Industry Pool shall consist of five or more individuals elected for a stated
				term of office, at least 60% of which shall be representatives of members of
				the Similar Industry Pool.
C. The
				duties of a Self-Insurance Pool Board shall include:
1. Responsibility for all operations of the
				Self-Insurance Pool;
2. Ensuring
				compliance with the Act and this Article;
3. Hiring an Administrator to manage the
				daily operations of the Self-Insurance Pool;
4. Reviewing and acting on applications for
				membership in the Self-Insurance Pool;
5. Contracting with a Third-Party
				Administrator, unless the Division has authorized the Self-Insurance Pool to
				Self-Administer;
6. Ensuring the
				Self-Insurance Pool complies with statutory accounting principles (SAP) and
				provides accurate financial information to enable complete and accurate
				preparation of financial reports;
7. Maintaining all records and documents
				relating to the formation and ongoing operations of the Self-Insurance
				Pool;
8. Ensuring that accurate
				minutes of meetings of the Self-Insurance Pool Board are completed and signed
				by an authorized representative of the Self-Insurance Pool;
9. Maintaining all reports, books, records,
				and data relating to matters governed by this Article according to R20-5-1512;
				and
10. Ensuring that accounts and
				records of the Self-Insurance Pool are audited as required under
				R20-5-1513(A).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1528 - Self-Insurance Pool Fidelity or Crime Insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as stated in subsection (C), a
				Self-Insurance Pool shall maintain during all periods of self-insurance a
				fidelity or crime insurance policy that protects the pool from unlawful actions
				of the following:
1. Individuals appointed to
				the Self-Insurance Pool Board (individual and collective liability);
2. The Administrator of the Self-Insurance
				Pool;
3. Employees of the
				Self-Insurance Pool; and
4.
				Employees of the Administrator, if applicable.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1529 - Self-Insurance Pool Loss Control and Underwriting Programs

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Self-Insurance Pool shall maintain
				during all periods of self-insurance a loss control program that includes, at a
				minimum, written safety requirements and training programs for all employees of
				the members. A Self-Insurance Pool shall ensure that the loss control program
				is administered by persons with education, experience, or training in loss
				control.
B. A Self-Insurance Pool
				shall maintain during all periods of self-insurance an underwriting program
				that enables the pool to establish workers' compensation premiums and to fully
				discharge the Self-Insurance Pool's obligation to process and pay benefits
				required under the Act. A Self-Insurance Pool shall ensure that the
				underwriting program is administered by persons with education, experience, or
				training in underwriting.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1530 - Self-Insurance Pool Workers' Compensation Pool Operations Account; Workers' Compensation Pool Loss Account

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				Self-Insurance Pool shall maintain a Workers' Compensation Pool Operations
				Account, which is subject to all of the following:
1. All workers' compensation premiums charged
				to members of the Self-Insurance Pool shall be deposited into the Workers'
				Compensation Pool Operations Account, which account shall be maintained in a
				designated federally-insured depository.
2. A Self-Insurance Pool shall pay all
				operational expenses of the pool relating to workers' compensation, excluding
				administrative expenses associated with processing workers' compensation
				claims, from the Workers' Compensation Pool Operations Account.
3. Funds from the Workers' Compensation Pool
				Operations Account shall be transferred to the Workers' Compensation Pool Loss
				Account, as needed, to enable the Self-Insurance Pool to pay from the Workers'
				Compensation Pool Loss Account all liabilities imposed or arising under the Act
				and all administrative expenses associated with processing workers'
				compensation claims.
4. If the
				Workers' Compensation Pool Operations Account is co-mingled with another
				account, the activities of the Workers' Compensation Pool Operations Account
				are segregated in the financial records.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1531 - Gross Annual Premium of a Self-Insurance Pool; Calculation of Member Premiums; Discounts; Penalties; Refunds

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The gross annual workers' compensation premium for a Self-Insurance Pool shall
				be sufficient to fund the workers' compensation administrative expenses and
				total incurred workers' compensation losses of the pool.
B. A Self-Insurance Pool shall calculate and
				collect member premiums using industry best practices and formulas generally
				accepted in the industry.
C. A
				Self-Insurance Pool shall not discount established Payroll Classification Rates
				unless the discount is based upon the expense and loss experience of the
				Self-Insurance Pool and is supported and justified by an actuarial feasibility
				study.
D. A Self-Insurance Pool may
				apply a penalty rate in excess of an annual premium to any member, provided the
				Self-Insurance Pool serves written justification and notice on the member 30
				days before the effective date of the penalty rate.
E. A Self-Insurance Pool may declare a refund
				of surplus funds, including excess investment income, to its members if the
				amount of the refund is supported by an actuarial report.
F. A Self-Insurance Pool discounting
				established Payroll Classification Rates under subsection (C) or declaring a
				refund of surplus funds under subsection (E) shall notify the Division at least
				60 days before the Self-Insurance Pool discounts the Payroll Classification
				Rates or refunds surplus funds.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1532 - Similar Industry Pool; Joint and Several Liability of Members

Current through Register Vol. 30, No. 28, July 12, 2024
A. The joint and
				several liability clause required by A.R.S. § 23-961.01(E) applies to any
				agreements used to form a Similar Industry Pool on a cooperative or contract
				basis, through a joint formation of a nonprofit corporation, or by the
				execution of a trust agreement.
B.
				A Similar Industry Pool shall ensure that the pool and all members read and
				agree, in writing, to the following terms:
1.
				The members of the pool are jointly and severally liable for the liabilities of
				the pool to the extent the pool is unable to, or does not, satisfy the
				liabilities;
2. Member liability
				under subsection (B)(1) extends to all liabilities incurred by the pool during
				the member's period of membership in the pool, including all future liabilities
				that accrued during the member's period of membership in the pool;
				and
3. In the event that claims are
				assigned to the Special Fund under A.R.S. § 23-966, the Commission shall
				have a right of reimbursement against the members jointly and severally for any
				and all amounts paid by the Special Fund, including costs, necessary expenses,
				and reasonable attorney's fees, to the extent that such liabilities are not
				covered by the pool's security or other assets.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1533 - Completion of Reports in Support of Tax Rating Plans; Calculation and Payment of Self-Insurance Taxes

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A Self-Insurer shall submit to the Division the information required in
				R20-5-1536, R20-5-1537, R20-5-1538, or R20-5-1539, as applicable, by January 31
				of each year. A request for an extension may be filed with the Division in
				writing and shall state the reasons the Self-Insurer is unable to meet the
				deadline. A request for an extension shall be granted for good cause.
B. After receiving the information required
				in R20-5-1536, R20-5-1537, R20-5-1538, or R20-5-1539, as applicable, the
				Division shall determine the annual taxes owed by the Self-Insurer. The
				Division shall also determine whether the Self-Insurer has overpaid or
				underpaid its taxes for the previous calendar year. If the total of the
				quarterly payments is less than the actual taxes for the year, the Self-Insurer
				shall pay the difference on or before March 31 of the calendar year in which
				the taxes are due. If the total of the quarterly payments exceeds the amount of
				the actual taxes for the year, the Division shall refund the amount described
				in A.R.S. § 23-961 or § 23-1065, as applicable.
C. A Self-Insurer shall pay to the Commission
				the Self-Insurer's annual workers' compensation premium taxes on or before
				March 31 based on the net taxable premium calculated for the preceding calendar
				year. A Self-Insurer shall pay a premium tax of at least $250.00 per calendar
				year.
D. The Division shall
				calculate a Self-Insurer's quarterly taxes owed under A.R.S. §§
				23-961 and 23-1065 in one of the following ways:
1. 25% of the tax calculated for the previous
				year; or
2. A calculation based on
				actual payroll and losses calculated for each quarter, using the same rating
				plan to calculate the quarterly payment as used to calculate the taxes required
				under A.R.S. §§ 23-961 and 23-1065. If the Division selects this
				method, the Self-Insurer shall submit quarterly payroll and loss information by
				Payroll Classification Code upon request.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1534 - Premium Rates; Deviation Rates

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Annually, by September 15, premium calculation rates and a schedule of
				Deviation Rates shall be calculated and approved by the Commission at a public
				rate hearing. The premium calculation rates and the schedule of Deviation Rates
				shall be effective the following calendar year.
B. The Deviation Rate applicable to a
				Self-Insurer relates directly to the Self-Insurer's safety record, which is
				measured by the SelfInsurer's Experience Modification Rating specific to
				Arizona for the prior year. The schedule of Deviation Rates will include the
				Experience Modification Rate ranges that apply to each Deviation
				Rate.
C. The Experience
				Modification Rate for purposes of determining the Deviation Rate shall be
				calculated as follows:
1. In the first year of
				self-insurance, the Experience Modification Rate is set at 1.00;
2. In the second and third years of
				self-insurance, the Division calculates the Experience Modification Rate based
				upon the payroll and loss data accumulated by the Self-Insurer during its
				entire term of self-insurance; and
3. In the fourth year of self-insurance and
				all following years, the Division calculates the Experience Modification Rate
				based upon the payroll and loss data of the prior three tax years.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1535 - Basis for Definitions, Classifications, Rating Procedures, and Plans

Current through Register Vol. 30, No. 28, July 12, 2024
The Division may use the definitions, classifications, and
				  rating procedures specified in rating plans filed by a Rating Organization or
				  developed by the Division to calculate the net taxable premium under A.R.S.
				  §§ 23-961 and 23-1065.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1536 - Fixed Premium Plan; Eligibility; Formula; Necessary Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in R20-5-1539, a Self-Insurer shall use a Fixed Premium Plan for
				purposes of premium taxes required under A.R.S. §§ 23-961 and 23-1065
				if the Self-Insurer's annual net taxable premium does not exceed
				$100,000.
B. Except as provided in
				R20-5-1539, a Self-Insurer may elect to use a Fixed Premium Plan for purposes
				of premium taxes required under A.R.S. §§ 23-961 and 23-1065 if the
				Self-Insurer's annual net taxable premium exceeds $100,000.
C. The Division shall calculate the net
				taxable premium under a Fixed Premium Plan as follows: [(payroll multiplied by
				the applicable Payroll Classification Rate) multiplied by (1 minus the
				Deviation Rate)] less premium discounts.
D. The Fixed Premium Plan applies only to
				operations and payroll in Arizona. The Self-Insurer shall combine all
				operations in Arizona to calculate the premium taxes required under A.R.S.
				§§ 23-961 and 23-1065.
E.
				A Self-Insurer shall provide the following in support of using a Fixed Premium
				Plan:
1. Completed Annual Payroll Report Form
				for the current tax year;
2.
				Completed Annual Medical Report Form for the current tax year;
3. Completed Annual Injury Report Forms for
				current and prior three tax years; and
4. Completed Quarterly Tax Payment
				Form.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1537 - Ex-Medical Plan; Eligibility; Formula; Necessary Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in R20-5-1539, a Self-Insurer may elect to use an Ex-Medical for
				purposes of premium taxes required under A.R.S. §§ 23-961 and 23-1065
				if the Self-Insurer's annual net taxable premium exceeds $100,000 and the
				Self-Insurer operates a medical facility with a program for providing medical,
				surgical, or hospital services to a majority of the employees of the
				Self-Insurer or the employees of the members of a Self-Insurance Pool that
				complies with the requirements of A.R.S. § 23-1070.
B. The Division shall calculate the net
				taxable premium under an Ex-Medical Plan on a Payroll Classification Code basis
				as follows: [(payroll multiplied by the Payroll Classification Rate) multiplied
				by (1 minus the Deviation Rate) multiplied by (1 minus the D-Ratio)] less
				premium discounts.
C. The
				Ex-Medical Plan applies only to operations and payroll in Arizona. The
				Self-Insurer shall combine all operations in Arizona to calculate the premium
				taxes required under A.R.S. §§ 23-961 and 23-1065.
D. A Self-Insurer shall provide the following
				in support of using an Ex-Medical Plan:
1. The
				completed forms required in R20-5-1536(E); and
2. Completed Annual Hospital Report Form for
				the current tax year.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1538 - Guaranteed Cost Plan; Eligibility; Formula; Necessary Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in R20-5-1539, a Self-Insurer may elect to use a Guaranteed Cost Plan
				for purposes of premium taxes required under A.R.S. §§ 23-961 and
				23-1065 if the Self-Insurer's annual net taxable premium exceeds
				$100,000.
B. The Division shall
				calculate the net taxable premium under a Guaranteed Cost Plan, using the most
				recent year's data, as follows: [(payroll multiplied by the Payroll
				Classification Rate) multiplied by (the Experience Modification Rate specific
				to Arizona) multiplied by (1 minus the Deviation Rate)] less premium
				discounts.
C. The Guaranteed Cost
				Plan applies only to operations and payroll in Arizona. The Self-Insurer shall
				combine all operations in Arizona to calculate the premium taxes required under
				A.R.S. §§ 23-961 and 23-1065.
D. The Experience Modification Rate specific
				to Arizona for purposes of determining the net taxable premium under a
				Guaranteed Cost Plan shall be calculated in the manner described in
				R20-5-1534(C). If the Division cannot calculate an Experience Modification Rate
				in the second and all following tax years because the Self-Insurer does not
				have any injuries, the Experience Modification Rate shall be set at
				1.00.
E. A Self-Insurer shall
				provide the completed forms required by R20-5-1536(E) in support of using a
				Guaranteed Cost Plan.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1539 - Retrospective Rating Plan; Eligibility; Formula; Necessary Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division may
				require a Self-Insurer to use a Retrospective Rating Plan for purposes of
				premium taxes required under A.R.S. §§ 23-961 and 23-1065 if:
1. The Self-Insurer has an Experience
				Modification Rate specific to Arizona that exceeds 1.10 for two consecutive
				years; or
2. The Self-Insurer
				demonstrates financial instability as evidenced by declining financial ratios,
				an increase in leveraged debt or a net loss.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1540 - Hearing Procedure on Denied Initial Application, Denied Renewal Application, Denied New Member Application, Revocation of Authority, or Denied Application for Waiver of Security

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party
				may request a hearing under A.R.S. § 23-945 in the following
				circumstances:
1. Denial of an initial
				application, renewal application, or new member application under
				R20-5-1509.
2. Denial of an
				application to Self-Administer or revocation of authority to Self-Administer
				under R20-5-1510.
3. Revocation of
				self-insurance authorization under R20-5-1516.
4. Denial of a request for waiver of security
				or revocation of a waiver of security under R20-5-1525.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 15 - WORKERS' COMPENSATION SELF-INSURANCE › Section R20-5-1541 - Request for Review of Decision Upon Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may request review of a Commission
				decision upon hearing issued under R20-5-1540 by filing with the Commission a
				written request for review no later than 15 days after the decision upon
				hearing is served upon the parties. A decision upon hearing under R20-5-1540 is
				deemed final if a request for hearing is not received by the Commission within
				the time specified in this subsection.
B. A request for review of a Commission
				decision upon hearing must be based upon one or more of the following grounds
				materially affecting the rights of the requesting party:
1. Irregularities in the hearing proceedings
				or any order or abuse of discretion that deprives a party seeking review of a
				fair hearing;
2. Misconduct of the
				prevailing party;
3. Accident or
				surprise, which could not have been prevented;
4. Newly discovered material evidence that
				could not have been discovered with reasonable diligence and produced at the
				hearing;
5. Error in the admission
				or rejection of evidence, or errors of law occurring at, or during the
				hearing;
6. Bias or prejudice of
				the Division or Commission; or
7.
				The decision upon hearing is not justified by the evidence or is contrary to
				law.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-101 - Scope of Article; Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope.
1. Administrative Hearings. This Article and
				Title 20 of the Arizona Revised Statutes govern administrative hearings before
				the Department. The Department shall use the authority of A.R.S. Title 41,
				Chapter 6, Article 10, the Office of Administrative Hearings' procedural rules,
				and this Article to govern the initiation and conduct of administrative
				hearings. In an administrative hearing, special procedural requirements in
				state statute or another Section in this Article shall also govern the
				proceedings unless the requirements are inconsistent with either A.R.S. Title
				41, Chapter 6, Article 10, the Office of Administrative Hearings' rules or this
				Article.
2. Director's Hearings.
				Director's Hearings are governed by this Article and Title 20 of the Arizona
				Revised Statutes.
3. Rulemaking and
				Investigative Proceedings. Except as otherwise provided in Section
				R20-6-160
				for rulemaking petitions, this Article does not apply to rulemaking or
				investigative proceedings before the Director.
4. Arizona Rules of Civil Procedure. Unless
				expressly applicable by rule or statute, the Arizona Rules of Civil Procedure
				do not apply to administrative or Director's hearings.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-102 - Appearance and Practice before the Director for Administrative and Director's Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may
				appear in their own behalf or through counsel. An insurer may appear through
				legal counsel or through a duly authorized officer of the
				corporation.
B. When an attorney
				other than the Attorney General appears or intends to appear before the
				Director or the Department, they shall promptly disclose their name and contact
				information and the name and contact information of the person on whose behalf
				they intend to appear.
C. Conduct
				at any Director's hearing which, in the discretion of the Director or Hearing
				Officer is deemed contemptuous shall be grounds for exclusion from the hearing.
				Contemptuous conduct shall include willful disruption or obstruction of any
				Director's hearing, or any other willful conduct during any Director's hearing
				which lessens the dignity or authority of the Director or Hearing
				Officer.
D. Notice of a Director's
				Hearing is subject to Title 20 and shall contain at a minimum:
1. The subject matter on which the Director
				intends to take comments including the specific statutory sections authorizing
				the Director to conduct the hearing;
2. The date, time and place of the Director's
				hearing;
3. The guidelines for
				interested parties to submit comments to the Director and to participate in the
				hearing; and
4. Any other
				information the Director deems appropriate.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-103 - Filing; Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. A document filed
				by a party with the Department is filed on the date it is received by the
				Department as established by the Department's earliest stamped date on the face
				of the document or by some other method of affixing a received date by the
				Department.
B. If a party is
				represented by an attorney, service is effectuated by service upon the attorney
				unless additional service upon the represented party is required by an
				administrative law judge or the Department.
C. A document is served upon a party as
				provided for under A.R.S. §
									41-1092.04
				and Section
				R2-19-108. A
				party effectuating service is responsible for producing proof of service if
				requested by the Department.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-106 - Answer to Notice of an Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				may, in a notice of hearing, direct one or more parties to file a written
				answer to the allegations contained in the notice of hearing. Even if not
				directed to do so, any party to the proceeding may file an answer.
B. A party directed to file an answer shall
				do so within 20 days after issuance of a notice of hearing, unless the notice
				of hearing states a different period for the answer. The Department may require
				any party to answer, in a reasonable time, amendments to the assertions in the
				notice made after service of the original notice.
C. An answer filed under this Section shall
				briefly state the party's position or defense to the proceeding and shall
				specifically admit or deny each of the allegations in the notice of hearing. An
				answering party who does not have, or cannot easily obtain, knowledge or
				information sufficient to admit or deny an allegation shall state that
				inability which shall have the effect of a denial. Any allegation not denied is
				admitted. A party who intends to deny only a part of an allegation shall
				expressly admit as much of that allegation as is true and shall deny the
				remainder.
D. A party who fails to
				file an answer required by this Section within the time allowed is in default.
				The Director may resolve the proceeding against the defaulting party. In doing
				so, the Director may regard any allegations in the notice of hearing as
				admitted by the defaulting party.
E. Defenses not raised in the answer are
				waived.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-160 - Petition for Rulemaking Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following
				definitions apply in this Section.
1.
				"Petitioner" means a person who petitions the Department for Rulemaking action
				as authorized under A.R.S. §
										41-1033(A).
2. "Rule" has the meaning stated at A.R.S.
				§
										41-1001
				and is enforceable by the Department.
3. "Rulemaking action" means the process for
				formulation and finalization of a new rule, or amendment or repeal of an
				existing rule.
4. "Substantive
				Policy Statement" has the meaning stated at A.R.S. §
										41-1001,
				is advisory only, and is not enforceable by the Department.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 2 - TRANSACTION OF INSURANCE › Section R20-6-201 - Advertisements of Health

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. The following definitions apply to this Section and to
				R20-6-201.01,
				R20-6-201.02,
				and
				R20-6-203:
1. "Advertisement" means materials and
				information used by an insurer to generate insurance business.
a. Advertisement includes the following
				information:
i. Printed and published
				material, audio visual material, or other forms of electronic communication
				that an insurer uses or displays in direct mail, newspapers, magazines, radio,
				television, billboards, Internet web sites, and similar media to inform the
				public about the insurer or its products;
ii. Descriptive literature and sales aids an
				insurer issues or releases for presentation to members of the public, including
				circulars, leaflets, booklets, depictions, illustrations, and form
				letters;
iii. Prepared sales talks
				and presentations and material for use by an insurer or prepared by an insurer
				for use by authorized producers; and
iv. Material included with a policy when the
				policy is delivered and material used in the solicitation of renewals and
				reinstatements;
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 2 - TRANSACTION OF INSURANCE › Section R20-6-201.01 - Insurer Advertising Responsibility and Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. An insurer shall establish, and at all
				times maintain, a system of control over the content, form, and method of
				dissemination of all advertisements. The insurer whose policies are advertised
				is responsible for the advertisements, regardless of who writes, creates,
				designs, or presents the advertisement, except the insurer is not responsible
				for any advertisement placed by a person to whom the insurer gave no actual or
				apparent authority. Before using an advertisement about an insurer or its
				products, a producer shall get written approval from the insurer for use of
				advertisements that were not supplied by the insurer.
B. An insurer shall maintain, at its home or
				principal office, the following:
1.
				Advertisements disseminated by the insurer in Arizona or any other state,
				including:
a. Each printed, published,
				recorded, or prepared advertisement of individual policies; and
b. Typical printed, published, recorded, or
				prepared advertisements of blanket, franchise, and group policies.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 2 - TRANSACTION OF INSURANCE › Section R20-6-201.02 - Procedures for Filing Advertising Materials; Transmittal Form

Current through Register Vol. 30, No. 28, July 12, 2024
A. An insurer that
				is required to file a health insurance advertisement with the Department as
				specified in A.R.S. §§
									20-826(T),
				20-1018,
				20-1057(X),
				20-1110(E),
				or
				20-1662
				shall file the advertisement with a transmittal form prescribed by the
				Department.
B. The transmittal form
				shall include the following information:
1.
				Identifying information of the insurer, including name, address, National
				Association of Insurance Commissioners' identification number, and type of
				insurer;
2. A contact person at the
				insurer with whom the Department can communicate about the
				advertisement;
3. Description of
				the type of advertisement being filed;
4. Planned use and dissemination of the
				advertisement, including date of first use, or a statement that the
				advertisement will not be used any earlier than a specified date;
5. Description of product being
				advertised;
6. Form number and name
				for the advertised product;
7. A
				certification from an officer of the insurer that the advertisement complies
				with applicable laws; and
8. The
				dated signature of the insurer's officer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 2 - TRANSACTION OF INSURANCE › Section R20-6-202 - Advertising, Solicitation, and Transaction of Life Insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The definitions
				in
				R20-6-201(A)
				and the following definition apply in this Section:
"Life insurance" means a life insurance contract, including
				  all benefits payable under the policy.
B. Applicability
1. This Section applies to:
a. All persons subject to regulation under
				A.R.S. Title 20; and
b.
				Advertising, promotion, solicitation, negotiation, and sale of life insurance
				policies, regardless of the form of dissemination.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 2 - TRANSACTION OF INSURANCE › Section R20-6-203 - Form Filings; Translations

Current through Register Vol. 30, No. 28, July 12, 2024
A. An insurer, rate service organization, or
				rating organization shall provide to the Department, at the time of filing, an
				English language translation of each form, advertisement, or other document or
				material that the insurer is required by statute or rule to file with the
				Department, if the filed document or material contains communication in a
				language other than English.
B. The
				translation filed under subsection (A) shall compare the foreign language
				version in a side-by-side format with the English language translation. An
				insurer, rate service organization, or rating organization shall ensure that
				the translation is performed by a person with formal college-level or
				specialized training in the foreign language, including training in grammar and
				sentence syntax.
C. With each
				translation, an insurer, rate service organization, or rating organization
				shall also provide to the Department a sworn statement signed by the translator
				who translated the document that includes the qualifications of the translator
				under subsection (B) and attests that the translation is identical in substance
				to the English document or material.
D. If an insurer, rate service organization,
				or rating organization files a foreign language version of a document or
				material that the insurer has previously filed in English, the insurer is not
				required to refile the English version, but shall identify the English version,
				provide the side-by-side comparison under subsection (B), and file the sworn
				statement required under subsection (C).