Ohio Administrative Code
Title 4123 - Bureau of Workers' Compensation
Chapter 4123-19 - General Procedures for State Insurance Fund; Self-Insuring Employers
Section 4123-19-03.1 - Waiver of certain requirements

(A) Definitions.

As used in this rule:

(B) When the bureau grants a waiver of requirements under this rule, the bureau may require the applicant to furnish security in addition to the security required under rule 4123-19-03 of the Administrative Code. The amount of such additional security shall be in the form and amount as determined by the administrator and paid prior to the granting of self-insurance. In the event of the default of the self-insuring employer, the bureau shall first seek reimbursement from the additional security, which shall be first liable and exhausted, before payment is made from the self-insuring employers' guaranty fund under section 4123.351 of the Revised Code.

(C) The bureau may waive the requirement set forth in division (B)(1)(a) of section 4123.35 of the Revised Code that an applicant operate for at least two years in Ohio if, upon review of the applicant's request for waiver and application, the bureau determines such waiver is appropriate.

(D) The bureau may waive the requirement of division (B)(1)(d) of section 4123.35 of the Revised Code that an applicant submit certified financial statements if the applicant submits reviewed financial statements and the bureau determines such waiver is appropriate. The bureau may use the services of a commercial credit reporting bureau to assist in the evaluation of an applicant's ability to meet its workers' compensation obligations.

(E) The bureau may waive the requirement of division (B)(2)(b) of section 4123.35 of the Revised Code that an applicant that is a public employer submit financial statements reflecting the unreserved and undesignated year-end fund balance in the applicant's general fund if the bureau determines such waiver is appropriate. The administrator may require a supplemental schedule reflecting the public employer's unreserved and undesignated year-end fund balance in the public employer's general fund.

(F) The bureau may waive the requirement of division (B)(2)(f) of section 4123.35 of the Revised Code that an applicant that is a public employer submit an annual financial audit released by the auditor of state within seven months after the end of the public employer's fiscal year if the employer submits an annual financial audit released by the auditor of state within nine months after the end of the public employer's fiscal year.