No. 39835 (Amendment): Section R612-400-1. Policy Reporting by Workers' Compensation Insurance Carriers

(Amendment)

DAR File No.: 39835
Filed: 10/15/2015 03:07:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to provide for the method of issuing penalties against insurance carriers for policy reporting infractions and to codify their appeal rights. The rule also extends the reporting time frame for insurance carriers.

Summary of the rule or change:

The proposed rule restates the provisions of the statute detailing penalty amounts, provides for the governance of the division's policies and procedures regarding how penalties will be issued, and the right of aggrieved parties to appeal.

State statutory or constitutional authorization for this rule:

• Subsection 59-9-101(2)

Anticipated cost or savings to:

the state budget:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no costs on the state budget.

local governments:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no costs on local government.

small businesses:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no costs on small businesses.

persons other than small businesses, businesses, or local governmental entities:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no costs on persons other than small businesses, businesses or local government entities.

Compliance costs for affected persons:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no costs on affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

Designating the process to issue penalties to insurance carriers and codifying their appeal rights imposes no fiscal impact on businesses.

Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division 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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R612. Labor Commission, Industrial Accidents.

R612-400. Workers' Compensation Insurance, Self-Insurance and Waivers.

R612-400-1. Policy Reporting by Workers' Compensation Insurance Carriers.

An insurance carrier writing workers' compensation insurance in Utah shall report to the Division the information required by Section 34A-2-205 of the Utah Workers' Compensation Act as follows:

[1]A. The report shall be filed on behalf of the insurance carrier by an agent that has been approved by the Division as meeting the Division's filing standards.

[2]B. The insurance carrier's agent shall submit the information electronically in accordance with the standards and format established by the International Association of Industrial Accidents Boards and Commissions (IAIABC).

C. Consequences of Failure to Comply.

1. Pursuant to Subsection 34A-2-205(1) of the Utah Workers' Compensation Act, the division may impose civil assessments up to $150 for failure to properly report insurance policy information per the requirements of this rule.

D. Assessments will be issued on a per file or reported policy basis rather than on each individual error within a file or reported policy.

E. The opportunity to correct the filing errors, the amount of the assessments, and the method of issuing shall be set by the division's policies and procedures.

F. Assessments shall be issued in the form of an order signed by the division's presiding officer and pursuant to the requirements contained in Section 63G-4-203.

G. An aggrieved party may seek agency review of any order pursuant to Section 63G-4-301.

 

KEY: workers' compensation, insurance, rates, waivers

Date of Enactment or Last Substantive Amendment: [December 22, 2014]2015

Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

 

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