Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
13B.140,
342.0011,
342.267,
342.340,
342.342,
342.345,
342.347,
342.920
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
342.260(1) requires the
commissioner of the Department of Workers' Claims to promulgate administrative
regulations necessary to implement KRS Chapter 342.
KRS
342.340 and
342.345
require the commissioner to establish requirements for individual self-insured
employers. This administrative regulation establishes minimum requirements for
an individual employer who seeks to or is authorized to self-insure for the
purpose of workers' compensation.
Section
1. Definitions.
(1) "Business
day" means any day except Saturday, Sunday, or any day which is a legal
holiday.
(2) "Calendar day" means
all days in a month, including Saturday, Sunday, and any day which is a legal
holiday.
(3) "Commissioner" is
defined by
KRS
342.0011(9).
(4) "Employer" means an employer subject to
KRS Chapter 342.
(5) "Guarantor"
means a parent entity:.
(a) That agrees it is
responsible for and shall meet any and all workers' compensation obligations of
the subsidiary when the subsidiary fails to meet its responsibilities as a
self-insured employer; and
(b)
Whose financial condition and affairs related to workers' compensation are the
basis upon which the subsidiary is authorized to self-insure.
(6) "Lapsed" means there is no
possibility of compensation under KRS Chapter 342 because the claim is barred
by time or otherwise.
(7) "Loss
Statement," or "loss run" means a statement of all claims stemming from a
self-insured employer's entire period of self-insurance in the form required by
the Department of Workers' Claims of:
(a) All
past known liabilities and amounts paid at a given point in time;
(b) Reserve estimates for all future
liabilities; and
(c) Known
liabilities and amounts paid or amounts anticipated to be paid for the
immediate prior calendar year.
(8) "Paid" means there is no possibility of
further compensation under KRS Chapter 342 because the employee and any
eligible dependent of the employee has been provided all compensation awarded
or that could possibly be awarded under KRS Chapter 342 with respect to a
compensable claim.
(9) "Period of
self-insurance" means the period an employer was authorized by the commissioner
to pay directly the compensation provided in KRS Chapter 342 in the amount,
manner, and when due.
(10)
"Reserve" means an estimate by the employer of the undiscounted total
compensation to be paid over the entire life of a claim, which may be limited
to a specific portion of the entire compensation when so designated; a medical
reserve would refer to the medical compensation to be paid through the entire
life of the claim.
(11) "Security"
means a required deposit by an employer authorized to self-insure, acceptable
to the commissioner and in the amount he directs, that provides the
commissioner immediate access to security proceeds sufficient to make direct
payment of compensation in claims arising from the employer's period of
self-insurance until each claim for compensation has been fully paid, fully
settled, or lapsed, so there is no possibility of further liability.
(12) "Security proceeds" means:
(a) Security in the form of cash money paid
by an issuer of security from its own property in response to the
commissioner's call or demand; or
(b) Cash money deposited directly with the
commissioner in a financial institution's account.
(13) "Self-Insurance" or "Self-Insure" means
the nontransferable status of an employer:
(a)
That secured its liability for workers' compensation by depositing with the
commissioner acceptable security, in the amount directed by the commissioner,
to secure the payment of compensation provided by KRS Chapter 342 until every
claim for compensation has been fully paid, fully settled, or lapsed, so that
there is no possibility of further liability; and
(b) That has been authorized by the
commissioner to pay directly the compensation provided in KRS Chapter 342, in
the amount, manner, and when due, rather than the employer insuring and keeping
insured his liability for compensation in an entity authorized to transact the
business of workers' compensation insurance in this state;
(14) "Self-Insured Employer" means an
employer currently authorized by the commissioner to self-insure and is
synonymous with the term "self-insurer" as that term is defined in
KRS
342.0011.
(15) "Service organization" or "third party
administrator," means a person or entity which provides services including
claims adjustment, safety engineering, computation of statistics, preparation
of loss statements, preparation of any other required self-insurance report,
and other services that may be required by a self-insured employer.
(16) "Settled" means there is no possibility
of future compensation arising from an injury because the employee has
bargained for and received money for all compensation the employee and any
eligible dependent could be awarded under KRS Chapter 342 for that injury and
the bargain has been approved by an administrative law judge.
(17) "Specific excess insurance" means a
contract or policy of insurance whereby a self-insured employer is indemnified
for amounts paid in excess of a specific dollar amount stemming from one (1)
injury or exposure for which compensation is provided in this
chapter.
Section 2.
Certification.
(1) A person, party, or
employer shall not act as or hold itself out as an individual self-insured
employer unless the employer has been approved by the commissioner in
accordance with this administrative regulation.
(2) An employer authorized by the
commissioner to self-insure shall be self-insured until voluntary surrender by
the employer pursuant to Section 10 of this administrative regulation or
revocation by the commissioner pursuant to Section 11 of this administrative
regulation.
(3) A self-insured
employer shall adjust to a final conclusion each claim that arises during the
period the employer is authorized to self-insure. An employer shall hire only
those persons licensed under Kentucky law to administer and adjust workers'
compensation claims.
(a) A self-insured
employer may contract with an individual, service organization, or third party
administrator, to adjust to a final conclusion each claim that arises during
the period the employer is authorized to self-insure. The employees and agents
of the contracted individual, service organization, or third party
administrator, shall be licensed under Kentucky law to administer and adjust
workers' compensation claims.
(b)
If an employer has contracted with an individual, service organization, or
third party administrator, to perform these functions:
1. The actions of the individual, service
organization, or third party administrator, shall be subject to the standards
set forth in
KRS
342.267 and
803
KAR 25:240; and
2. The self-insured employer for whom the
individual, service organization, or third party administrator, is acting shall
be subject to any penalties which may be assessed for failure to meet those
standards.
Section 3. Application Process.
(1) In order to be certified as an individual
self-insured employer, the applicant or guarantor shall have assets in excess
of all liabilities of at least $10,000,000.
(2) An initial application for individual
self-insurance shall be submitted to the commissioner on Form SI-02, Employer's
Application for Permission to Carry Its Own Risk Without Insurance, and shall
include:
(a)
1. The Employer's name;
2. The location of its principal
office;
3. The date of
organization;
4. The identification
of its immediate parent organization, if any, and its ultimate
parent;
5. The Percentage of
shareholder ownership of its immediate parent organization; and
6. An identification of its fiscal year and
federal identification number;
(b) Disclosure and full identification of the
relationship with all subsidiaries;
(c) A statement of the principal business
activities engaged in Kentucky by the applicant, a list of site locations, and
the number of employees at each site; and
(d)
1. A
certified audit report of the applicant's financial status for three (3) years
immediately preceding the application, prepared and executed by a certified
public accountant; or
2. If the
applicant is a subsidiary desiring its parent to be a Guarantor, a certified
audit report of the parent's financial status for three (3) years immediately
preceding the application, prepared and executed by a certified public
accountant.
(3) The department shall review the
applicant's Form SI-02 and certified audit reports and notify the applicant
within sixty (60) days after receipt of the Form SI-02 and certified audit
reports whether its application has been rejected or whether the applicant may
continue with the application process.
(4) Within fifteen (15) days of notification
by the department that the applicant may proceed with the application process,
the applicant shall provide:
(a) Loss
Statements in the required electronic format of all claim payments for the five
(5) years immediately preceding the application;
(b) An estimate of annual payroll;
(c) Any Occupation Safety and Health
Administration ("OSHA") violations for five (5) years; and
(d) Any other states in which the employer is
authorized to self-insure.
(5) The department shall:
(a) Review the applicant's Loss Statements,
estimate of annual payroll, any OSHA violations, and any other states in which
the employer is authorized to self-insure; and
(b) Notify the applicant within sixty (60)
days after receipt of this information that:
1. The application has been rejected;
or
2. The applicant may continue
with the application process.
(6) Upon notification the applicant may
continue with the application process, the applicant shall provide:
(a) The proposed specimen specific excess
insurance policy, identifying the insurance company, retention level and limits
of liability; and
(b) If an
individual or service organization shall be responsible for administration or
adjustment of a workers' compensation claim:
1. A statement to the commissioner attesting
to the individual or organization's qualifications to administer and adjust a
workers' compensation claim; and
2.
A statement from the service organization and self-insured employer that any
contract between the employer and service organization shall include one (1) of
the following provisions:
a. The service
organization shall adjust to a final conclusion each claim that results from an
occurrence during the period for which the contract is effective unless a
substitute service organization has been procured; or
b. The service organization shall adjust each
claim for a period of sixty (60) days following an order from the commissioner
finding the self-insured employer in default unless a substitute service
organization has been procured.
(7) The department shall:
(a) Review the applicant's proposed specimen
specific excess insurance policy, statement attesting to the qualifications of
the proposed service organization, and statement from the proposed service
organization; and
(b) Notify the
applicant within thirty (30) days after receipt that:
1. The application has been rejected;
or
2. The applicant may continue
with the application process. If the applicant may continue with the
application process, the department shall notify the applicant of the amount of
required security.
(8) Upon notification that the applicant may
continue the application process, the applicant shall provide:
(a) A copy of the proposed letter of credit,
bond, or security deposit instrument required by Section 5 of this
administrative regulation;
(b) If
the applicant is a corporation, a resolution by the board of directors,
authorizing and directing the corporation to undertake to self-insure;
and
(c) If the applicant is a
subsidiary corporation, a guarantee from the subsidiary's parent on Form SI-01,
Self-Insurers' Guarantee Agreement.
(9) The commissioner shall consider all
relevant factors, the prospect of increased losses due to the employer's
cessation of operations, and the information supplied by the applicant during
the application process when evaluating whether an applicant may be authorized
to directly pay its workers' compensation liabilities as incurred. The
information submitted during the application process shall accurately reflect:
(a) The financial strength of the applicant
or guarantor;
(b) The experience of
the proposed service organization;
(c)
1.
a. The applicant's ratio of current assets to
current liabilities;
b. The
applicant's ratio of long-term debt to net worth; and
c. Shareholder equity; or
2. If applicable:
a. The guarantor's ratio of current assets to
current liabilities;
b. The
guarantor's ratio of long-term debt to net worth; and
c. Shareholder
equity;
(d) The
profit and loss history of the applicant or guarantor;
(e) The workers' compensation loss history of
the applicant or guarantor;
(f) The
number of employees and degree of hazard to which employees are
exposed;
(g) Any functioning safety
programs;
(h) Whether the applicant
uses an approved managed care plan for treatment of injured workers;
(i) Any Occupation Safety and Health
Administration ("OSHA") violations for the preceding five (5) years;
and
(j) Any other states in which
the employer is authorized to self-insure.
(10) The commissioner shall render a decision
regarding whether the applicant is authorized to self-insure within thirty (30)
days of completion of the application process and submission of all required
documents.
(a) The commissioner's decision
shall state the date upon which the applicant is authorized to
self-insure.
(b) The security to be
deposited by the applicant with the commissioner shall be received by the
commissioner no later than fifteen (15) days prior to the date upon which the
applicant becomes authorized to self-insure.
(c) A copy of the specific excess insurance
policy obtained by the applicant shall be received by the commissioner no later
than fifteen (15) days prior to the date upon which the applicant becomes
authorized to self-insure.
(11) Variation from the requirements of this
section may be sought by application to the commissioner; variation may be
granted by the commissioner for good cause shown.
Section 4. Specific Excess Insurance.
(1) Specific excess insurance shall be
purchased with:
(a) A coverage limit of at
least $10,000,000 per occurrence in excess of the retention level;
and
(b) A maximum retention level
of $1,000,000 per occurrence unless a different retention level is specifically
approved by the commissioner; upon approval of a retention level in excess of
$1,000,000, additional security may be required.
(2)
(a) To
be eligible to write specific excess insurance for an individual self-insured
employer in Kentucky, a casualty insurance company, admitted to do business in
the Commonwealth of Kentucky, on its latest financial statement shall reflect a
minimum policyholder surplus of not less than $25,000,000.
(b) The casualty insurance company shall have
demonstrated excellent overall performance and a strong ability to meet its
obligations to policyholders over an extended period of time.
Section 5. Security.
(1) Except as provided in subsection (4) of
this section, each employer authorized to self-insure shall provide security in
the form of a continuous surety bond on Form SI-03, Continuous Bond, or by
irrevocable letter of credit on Form SI-04, Letter of Credit, in the amount
specified by the commissioner in accordance with subsection (2) of this
section, but not less than $500,000.
(2) In fixing the amount of security, the
commissioner shall consider all relevant factors which may include the
following:
(a) Liability associated with the
cessation of operations by the individual self-insured employer;
(b) Examination of injury claims reported to
the Department of Workers' Claims;
(c) Examination of the loss history
associated with injury claims reported to the Department of Workers'
Claims;
(d) Examination of the
financial condition of the employer;
(e) Examination of the service organization,
if any;
(f) Examination of the
financial condition and assets of the issuer of the security;
(g) Additional factors found pertinent by the
commissioner; and
(h) The
experience of the Department of Workers' Claims.
(3) The amount of security maintained with or
under the commissioner's control shall be the amount determined by the
commissioner to be necessary to secure the payment of all compensation
liabilities incurred by a self-insured employer until each claim for
compensation has been fully paid, fully settled, or lapsed, so there is no
possibility of further liability. The failure to challenge the commissioner's
determination as provided in section 13 of this administrative regulation shall
constitute an admission by the employer that the determined amount is necessary
to pay all incurred claims until fully paid, fully settled, or lapsed, so there
is no possibility of further liability to the employer and a waiver of any
future challenge by the employer of the determined security amount.
(4) Only upon approval by the commissioner,
in lieu of a bond or letter of credit, may an employer deposit cash or
securities in an amount specified by the commissioner and in a financial
institution approved by the commissioner, but not less than $5,000,000. To be
acceptable, a security which is deposited shall be eligible under the laws of
Kentucky for investment by insurance companies. The deposited cash or
securities shall be maintained directly with the commissioner or be in the
commissioner's control, and a perfected security interest shall be granted to
the commissioner in the deposited cash or securities.
Section 6. Coverage of Subsidiary or Related
Corporations.
(1) A corporation having a
wholly-owned subsidiary may submit one (1) joint application to the
commissioner, if the parent corporation has sufficient assets to qualify for a
self-insurance certificate for both itself and the subsidiary. A joint
application shall be accompanied by a certificate from the secretary of each
corporation indicating that their respective boards of directors have by
resolution authorized joint and several liability for all the workers'
compensation claims asserted against them. These certificates shall be
effective until revoked by the corporations following thirty (30) days written
notice to the commissioner.
(2) Any
employer currently authorized to self-insure shall immediately notify the
commissioner and fully identify any and all subsidiaries obtained during the
employer's period of self-insurance and shall execute a Form SI-01, Self
Insurer's Guaranty Agreement.
Section
7. Examination and Review of Filings. A certified public
accountant or one or more other qualified individuals may be employed by the
Department of Workers' Claims for the purpose of:
(1) Reviewing and analyzing the annual
filings of individual self-insured employers and applicants for self-insurance;
and
(2) Making recommendations
based on that review.
Section
8. Annual Filings.
(1) Annually,
the department shall by facsimile, electronic mail, or the United States Postal
Service, deliver to every employer authorized by the commissioner to
self-insure a letter stating the requirements to maintain certification to
self-insure. The letter shall include a request for:
(a) A completed Employers Application for
Recertification, Form SI-02R;
(b) A
certified version of the most current audited financial statements;
(c) The amount and form of the security to be
deposited with the commissioner;
(d) Information related to the employer's
required specification excess insurance; and
(e) Information related to any service
organization used by the employer.
(2) The letter may include a request for the
completion of a Self-Insurer's Guarantee Agreement, SI-01, if applicable, or
any other information necessary in order to determine the employer has the
financial ability to directly pay the compensation provided in KRS Chapter
342.
(3) Annually, the department
shall by facsimile, electronic mail, or the United States Postal Service,
deliver to every employer authorized by the commissioner to self-insure a
letter instructing self-insured employers to file the following no later than
the third Monday in February of each year:
(a)
A loss statement;
(b) A statement
furnishing the premium specified in
KRS
342.0011(28) and its
calculation;
(c) A statement of the
total payroll for the prior calendar year by quarter;
(d) A certification that the medical reserves
are calculated and projected for the life of a claim pursuant to
KRS
342.0011(28)(a);
and
(e) Any other reasonable
information requested by the commissioner, including relevant claim
data.
(4) In order to
maintain its certification to self-insure, an employer shall timely complete
and provide all information and documentation requested in the annual letters.
Failure to do so may subject the employer's self-insurance certification to
revocation, in accordance with
KRS
342.345.
Section 9. Change in Ownership; Subsidiaries;
Mergers and Acquisitions.
(1) If there is a
change in majority ownership of a self-insured employer or its parent company,
the individual self-insured employer shall notify the commissioner within
thirty (30) days of that change. A new application to self-insure shall be
filed upon a change in ownership.
(2) If another employer is added to, merged,
or otherwise acquired by an employer currently authorized to self-insure, the
individual self-insured employer shall notify the commissioner within thirty
(30) days. The commissioner shall review the adequacy of the employer's premium
and security and shall increase the premium and security if the review
determines an increase is necessary.
(3) If there is a change in majority
ownership of a formerly self-insured employer or its parent company, the
individual self-insured employer shall notify the commissioner within thirty
(30) days of that change.
Section
10. Voluntary Surrender of Certificate.
(1) An employer shall voluntarily surrender
its Certificate to self-insure upon:
(a)
Written notice to the commissioner that the employer no longer desires to be
self-insured, including the date and time when the employer intends to cease to
be self-insured;
(b) The effective
date of a policy of workers' compensation insurance securing the employers'
liability for the compensation provided in this chapter;
(c) Notification to the commissioner the
employer shall cease to pay directly the compensation provided in this
chapter;
(d) The failure to deposit
adequate security in the amount required by the commissioner; or
(e) Filing an action in bankruptcy, unless
the employer notifies the commissioner of its intent to continue to pay the
compensation provided in this chapter, and the commissioner agrees to authorize
the continued direct payment.
(2) An employer that intends to secure its
liability for compensation by obtaining a policy of workers' compensation
insurance shall notify the commissioner of the:
(a) Name of the insurance carrier whose
policy shall become effective; and
(b) The date and time the coverage shall
become effective.
(3) A
formerly self-insured employer shall not be relieved of the compensation
obligations incurred during its period of self-insurance until every claim has
been fully paid, fully settled, or lapsed, so that there is no possibility of
further liability.
(4)
(a) If the employer is no longer self-insured
due to the voluntary surrender of its certificate, the employer shall continue
to deposit security with the commissioner in the amount and in the form last
determined by the commissioner for a period no less than five (5) years from
the date the employer ceased to be self-insured. A request for reduction shall
not be considered during this initial five (5) year period. After an initial
request for reduction in the amount of required security has been made, each
subsequent request for reduction shall not be considered more frequently than
every thirty (30) months following the conclusion of the prior request, if
any.
(b) The formerly self-insured
employer shall bear the burden to persuade the commissioner that the amount and
form of the security, as last determined by the commissioner, is excessive and
that a reduction is warranted. The commissioner may consider the factors set
forth in Section 5 of this administrative regulation or any other factor the
commissioner finds relevant when evaluating the formerly self-insured
employer's request to reduce the amount of its required security
deposit.
(5) If the
employer is no longer self-insured due to the voluntary surrender of its
certificate, the security required by the commissioner shall not be less than:
(a) $250,000 for the first ten (10) years
following the date on which the employer ceased to be self-insured;
and
(b) $100,000 for the eleventh
year through, and including, the twentieth year following the date on which the
employer ceased to be self-insured.
Section 11. Revocation of Certification.
(1) A self-insured employer's certification
may be revoked by the commissioner after a hearing is held, in accordance with
subsection (2) of this section.
(a) The
hearing order shall set forth the grounds for revocation and set a hearing date
no sooner than ten (10) business days from the date of the order.
(b) The hearing shall be conducted pursuant
to Section 13 of this administrative regulation. Upon a prima facie showing by
the Department of Workers' Claims of one (1) or more of the grounds set forth
in subsection (2) of this section, a rebuttable presumption shall exist that
the employer's authorization should be revoked.
(2) The commissioner may revoke the
self-insurance certification upon a finding that any of the following
conditions exist:
(a) The individual
self-insured employer is operating in:
1.
Contravention of its submitted application; or
2. In material violation of this
administrative regulation;
(b) The individual self-insured employer or
its parental guarantor no longer has the financial stability to assure its
ability to meet its obligations for the payment of workers' compensation
benefits;
(c) The self-insured
employer has failed or refused to provide access to the books and documents
relating to the self-insurance activities of the entity;
(d) The self-insured employer failed to pay
an assessment by the appropriate guaranty fund; or
(e) The self-insured employer failed to pay
compensation provided in KRS Chapter 342.
(3) If the commissioner revokes an individual
self-insured employer's certification, the commissioner shall notify either the
Kentucky individual self-insurance guaranty fund or the Kentucky coal
employers' self-insurance guaranty fund.
(4) During the pendency of a hearing or
appeal, the commissioner shall call the entirety of the security deposited by
the individual self-insured employer if:
(a)
The commissioner has received information indicating the deposited security
will not be maintained or timely replaced with other acceptable security;
or
(b) Compensation is due but has
not been paid by the self-insured employer.
(5)
(a) If
the employer is no longer self-insured due to revocation of its certificate,
unless the commissioner calls the deposited security, the employer shall
continue to deposit security with the commissioner in the amount and in the
form last determined by the commissioner for a period no less than five (5)
years from the date the employer ceased to be self-insured. A request for
reduction shall not be considered during this initial five (5) year period.
After an initial request for reduction in the amount of required security has
been made, each subsequent request for reduction shall not be considered more
frequently than every thirty (30) months following the conclusion of the prior
request.
(b) The formerly
self-insured employer shall bear the burden to persuade the commissioner that
the amount and form of the security, as last determined by the commissioner, is
excessive and that a reduction is warranted. The commissioner may consider the
factors set forth in Section 5 of this administrative regulation or any other
factor the commissioner finds relevant when evaluating the formerly
self-insured employer's request to reduce the amount of its required security
deposit.
(6) If the
employer is no longer self-insured due to revocation of its certificate, unless
the commissioner calls the deposited security, the security required by the
commissioner shall not be less than:
(a)
$250,000 for the first ten (10) years following the date on which the employer
ceased to be self-insured; and
(b)
$100,000 for the eleventh year through, and including, the twentieth year
following the date the employer ceased to be self-insured.
Section 12. Default.
(1) If a self-insured employer or a formerly
self-insured employer fails to meet an obligation as a self-insured employer,
including the obligation to deposit acceptable security in the amount required
by the commissioner, fails to timely pay a compensation obligation to an
employee injured during the employer's period of self-insurance, or fails to
pay an assessment by a guaranty fund, the commissioner shall:
(a) Call the entirety of the deposited
security;
(b) Retain the security
proceeds in the commissioner's possession or control until each claim for
workers' compensation benefits has been fully paid, fully settled, or lapsed,
so there is no possibility of further liability; and
(c) Use the security proceeds to pay the
compensation provided in KRS Chapter 342 in claims incurred during the
employer's period of self-insurance as follows:
1. If the employer was a member of a guaranty
fund, forward to the appropriate guaranty fund the security proceeds and order
the guaranty fund to commence payment of the member's incurred compensation
liabilities using the security proceeds; or
2. If the employer was not a member of a
guaranty fund, use the security proceeds to pay the employer's incurred
compensation liabilities.
(2) When the commissioner determines all
claims of the employer have been fully paid, fully settled, or lapsed, so there
is no possibility of further liability, and the security proceeds are not
exhausted, the commissioner shall pay any remaining security proceeds into the
Franklin Circuit Court for determination as to whether there is an entity
legally entitled to the remaining security proceeds. If no claim is made
alleging entitlement to the remaining security proceeds within sixty (60) days
of the payment into the court, or the court ultimately determines there is no
rightful entitlement claim, the commissioner may petition the court to deposit
the remaining security proceeds into the fund established pursuant to
KRS
342.920.
(3) The obligations of a self-insured
employer or formerly self-insured employer may be guaranteed by a parent entity
by way of a fully executed form SI-01, Self Insurer's Guarantee Agreement. This
form shall not preclude the commissioner from calling the security or preclude
the commissioner from pursuing all available means to separately recover from
the defaulting employer or its guarantor.
Section 13. Aggrieved Parties.
(1) A person aggrieved by an action of the
commissioner may request a hearing by filing a written request with the
commissioner within thirty (30) days of the action of the commissioner. The
request shall set forth the specific basis for the challenge to the
commissioner's action. Upon receipt of the written request, the commissioner
shall issue a notice of hearing within ten (10) business days of receipt of the
written request. The notice of hearing shall set the date, time, and place of
the hearing to be held no sooner than ten (10) business days after the date of
the notice of hearing and no later than ninety (90) business days after the
date of the notice of hearing and may provide the date, time, and place for an
informal conference between the aggrieved party and the commissioner. The date
and time of the hearing may be rescheduled as required upon motion by either
party or upon agreement of the parties.
(2) The aggrieved person shall have the
burden to persuade the commissioner that the action taken by the commissioner
should be amended or withdrawn. The aggrieved person may present evidence to
support his or her position and to contest evidence presented by other
parties.
(3) No later than thirty
(30) days after the termination of the hearing, the commissioner shall issue a
written ruling addressing all matters involved at the hearing and if
applicable, any further basis for the action, creating an adequate record for
review. The ruling shall contain concise findings of fact and conclusions of
law. The commissioner shall serve a copy of the ruling upon each
party.
(4) The ruling of the
commissioner may be appealed to the Franklin Circuit Court in accordance with
KRS
13B.140.
Section 14. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Self-Insurers' Guarantee
Agreement, Form SI-01", (November 2005 edition);
(b) "Employer's Application for Permission to
Carry Its Own Risk Without Insurance, Form SI-02", (January 2021
edition);
(c) "Employer's
Application for Recertification", Form SI-02R (January 2021 edition);
(d) "Continuous Bond, Form SI-03", (January
2004 edition); and
(e) "Letter of
Credit, Form SI-04", (January 2004 edition).
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Workers'
Claims, Mayo-Underwood Building, 3rd Floor, 500 Mero Street, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and may also be
found at
https://labor.ky.gov/comp/Forms/Pages/default.aspx.
STATUTORY AUTHORITY:
KRS
342.260(1),
342.340,
342.345