California Regulations 15430
From Wcc
§ 15430 Hearing
| 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(g) 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 Manager involving action by the Manager to involuntarily revoke an existing certificate for cause pursuant to Labor Code section 3702; (c) Disputes involving action by the Manager 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. 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. Sections 11181 - 11188, 15378, Government Code. HISTORY 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). |
