Current through Register Vol. 48, No. 12, March 22, 2024
a)
The Insurance Compliance Division of the Illinois Department of Insurance
("Department") shall issue a Notice of Non-Compliance ("Notice") to any
employer that the Department believes has failed to comply with the provisions
of the Workers' Compensation Act [820 ILCS 305 ] only when the Department has
obtained information indicating that the employer has been non-compliant for
more than 30 days, that the non-compliance may be willful, or that a worker was
injured during a time when the employer was non-compliant. The notice will be
served on the employer at the employer's last known address or to the
employer's representative. The notice will be accompanied by a certificate of
service on the employer, setting forth the time and manner of
service.
b) The Notice of
Non-Compliance will be a written statement setting forth, but not limited to,
the following information:
1) the name and
address of the employer;
2) a
statement of the Section of the statute alleged to be violated, the periods of
alleged non-compliance and the penalty that may be imposed;
3) a statement that the employer must submit
evidence of compliance or otherwise respond within 30 days after the date of
receipt of the notice. Examples of evidence of compliance are:
A) a copy of the policy information page
required to be filed under 50 Ill. Adm. Code
9100.20
that indicates coverage for the periods of alleged non-compliance;
B) a self-insurance certificate of approval
covering the periods of alleged non-compliance;
C) a copy of a pooling agreement showing
membership in a licensed group workers' compensation pool authorized by the
Department during the alleged periods of non-compliance; and
4) a statement that failure to
respond to the Notice of Non-Compliance within the prescribed time period shall
cause the Workers' Compensation Commission to set this matter for hearing in
accordance with 50 Ill. Adm. Code
9100.90(c).
c) Informal Conference
1) When a Notice of Non-Compliance has been
sent, the Department shall, at the request of the employer or its attorney, or
may on its own initiative, schedule the matter for an informal conference at
which a designated representative of the Department shall meet with the
employer in an attempt to resolve the matter.
2) A request by the employer or its attorney
for an informal conference must be received by the Department within 15 days
after the receipt of the Notice of Non-Compliance.
3) The Department shall send written notice
to the employer or its attorney at least 7 days prior to the scheduled
conference.
4) The conference shall
be held at a site designated by the Department.
5) If the matter cannot be resolved at the
conference, the Workers' Compensation Commission will set the matter for
hearing in accordance with 50 Ill. Adm. Code
9100.90(c).
