California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements
Article 4 - Penalties
Section 15570 - Number of Employees
Universal Citation: 8 CA Code of Regs 15570
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Uninsured Employers in Non-Injury Cases. When issuing a one hundred ($100) dollar Penalty Assessment Order against an uninsured employer, the number of employees employed by such employer, and not necessarily those actually working at the time, in non-injury cases shall be ascertained by the Division at the time the Stop Order is served.
(b) Uninsured Employers in Injury Cases.
(1) After the issuance of a final decision of
the Workers' Compensation Appeals Board, the Appeals Board shall mail to the
uninsured employer and the Division a copy of the final decision and notice of
the provisions of Labor Code Sections 3710.1 and 3722 which require such
employer to pay penalties of one hundred ($100) dollars per employee and five
hundred ($500) dollars per employee in non-compensable and compensable cases,
respectively.
(2) In order to
establish the number o employees, such employer shall submit to the Division
within ten (10) days after service of the aforementioned documents by the
Workers' Compensation Appeals Board, a verified statement of the number of
employees in his employ on the date of injury.
(3) If such employer fails to submit to the
Division a verified statement indicating the number of employees employed or if
the Division disputes the accuracy of such verified statement, on the date of
injury the Division shall issue a Penalty Assessment Order using such
information regarding the number of such employees as the Division may have or
otherwise obtain.
(4) Notice of the
Penalty Assessment Order shall be mailed to the employer at his residence or
usual place of business by registered or certified mail.
(5) The employer to whom the assessment is
directed may file within twenty (20) days after receipt thereof a verified
petition in writing, objecting to the assessment and setting forth the grounds
for his objection.
(6) If such
employer does not file a petition with the Division within said twenty (20)
days, such assessment shall become conclusive and the amount thereof shall be
due and payable from the employer so assessed to the Division for deposit in
the State Treasury to the credit of the Uninsured Employers
Fund.
Note: Authority cited: Sections 55 and 3710, Labor Code. Reference: Sections 3700, 3710, 3710.1, 3710.2, 3711, 3712, 3713, 3714, 3718, 3722, 3723, 3725, 3726 and 3727, Labor Code.
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