New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter B - Self-insurers
Part 318 - Finance Regulations
Section 318.10 - Failure to remit
Current through Register Vol. 46, No. 12, March 20, 2024
In the event of a carrier, the State Insurance Fund, a private or public self-insured employer, or a private or public group self-insured employer's failure to remit assessment payments and reports in accordance with the requirements contained herein the board may undertake any or all of the following collection activities with respect to the assessments:
(a) refer the matter to the Office of the Attorney General for commencement of a collection action;
(b) withhold any and all payments to the carrier, the State Insurance Fund, private or public self-insured employer or private or public group self-insured employer including but not limited to special fund reimbursements, until such time as all assessments have been paid in full;
(c) the failure of a private or public self-insured employer or private or public group self-insured employer to timely remit assessments and required reports shall constitute good cause for the board to revoke said self-insurers self-insured status.
In the event that a carrier, the State Insurance Fund, a private or public self-insured employer, or a private or public group self-insured employer has underpaid an assessment as the result of inaccurate reporting, such remitter shall pay all overdue assessments in full within 30 days of notification by the board and may be subject to interest at a rate of nine percent annually on the unpaid amount. Further, in the event that it is determined that the remitter knew or should have known that the reported information was inaccurate an additional penalty of up to 20 percent of the unpaid amount may be imposed by the board against such carrier, the State Insurance Fund, private or public self-insured employers.
