Current through Register Vol. 48, No. 3, March 22, 2024
A. When it appears an employer is operating
in violation of this Chapter and the Act by failing to provide proof of
compliance with the insurance provisions of this Chapter and the Act, the
Commission shall institute an investigation of the employer and its operations.
(1) An officer of the department is
authorized to conduct the investigation.
(2) The officer shall gather information
necessary to make a recommendation concerning the employer's compliance with
the provisions of this Chapter and the Act.
B. If the officer determines an employer has
complied with the provisions of this Chapter and the Act, the department's
director shall issue an administrative order dismissing the investigation.
(1) An administrative order dismissing an
investigation shall not deny a claimant an opportunity to proceed with the
prosecution of a claim.
(2) If an
investigation is dismissed, a claimant may request a hearing by filing a Form
50 or Form 52 according to R.67-207.
The hearing will be conducted according to Article 6.
(a) A Commissioner assigned to the claim
shall determine the issue of jurisdiction and the underlying claim at the
request of the claimant.
(b) The
parties have the right to review as in other cases.
C. If the officer determines that
the employer is not in compliance with the provisions of this Chapter and the
Act, the officer shall issue a citation to the employer stating the officer's
findings of fact and conclusions.
(1) The
citation may recommend a fine as provided in this Chapter and the
Act.
(2) The citation and
Compliance Agreement shall be served on the employer according to
R.67-213.
D. The
employer shall respond to the citation within fourteen days of the date of
receipt of the citation.
(1) The employer may
sign the Compliance Agreement and pay the fine as proposed, if any, or request
the director's review of the citation.
(2) Failure to respond to the citation within
fourteen days of receipt shall result in prosecution of the employer according
to R.67-l404.
E. The
employer may request the director's review of a citation by writing the
Commission within fourteen days of the date of receipt of the citation.
(1) The department director shall review the
citation, confer with the employer and issue a written determination of the
director's findings and conclusions.
(2) If the employer disputes the director's
findings and conclusions, the employer may request an opportunity to appear at
a hearing before a Commissioner to show cause why it is not in violation with
the provisions of this Chapter and the Act.
(3) An Order and Rule to Show Cause shall be
issued to the employer according to R.67-1404.
F. A Compliance Agreement is evidence of
voluntary compliance with the insurance provisions of this Chapter and the Act.
By signing and filing a Compliance Agreement, the employer is not required to
appear at a compliance hearing. The form is an agreement to the following:
(1) The Commission's jurisdiction;
and
(2) The employer should have
had worker's compensation insurance during the period stated in the Compliance
Agreement but did not; and
(3) The
employer will comply with the insurance provisions of this Chapter and the Act,
or otherwise comply with the provisions of this Chapter and the Act;
and
(4) The employer will defend
any worker's compensation claims brought against it; and
(5) If the claim is found compensable the
employer will comply with the reporting requirements of this Chapter and the
Act; and
(6) The employer will make
prompt payment of a claim found compensable under the Act .
G. When a final decision
concerning jurisdiction is rendered the claimant may proceed with a claim for
compensation by filing a Form 50 or Form 52 as provided in R.67-207.
