No. 42564 (5-year Review): Rule R612-400. Workers' Compensation Insurance, Self-Insurance and Waivers

DAR File No.: 42564
Filed: 02/08/2018 08:42:12 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 34A-1-104 is the Utah Labor Commission�s general rulemaking authority provision. Section 34A-2-201.5 allows for certain employers to self-insure for workers� compensation purposes and allows for rulemaking. Section 34A-2-205 outlines the specific steps for insurance carriers to report workplace injuries to the Division of Industrial Accidents and allows for rulemaking. Section 34A-2-1001 defines the terms and establishes the procedures for issuing workers� compensation coverage waivers and allows for rulemaking. Section 59-9-101 requires the Utah Labor Commission to yearly establish certain premium taxes on workers� compensation policies.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments received during or since the last five-year review of this rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule outlines the policy reporting by workers compensation insurance carriers, coverage requirements for professional employer organizations, self-insurance obligations and requirements, process to obtain a workers� compensation coverage waiver, and lists the yearly premiums for workers' compensation policies. As such, this rule is critical to the continued operations of the Labor Commission and the administration of the Workers� Compensation Act. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Labor Commission
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at [e-mail]
• Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at [e-mail]

Effective:

02/08/2018

Authorized by:

Jaceson Maughan, Commissioner

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