W. Va. Code R. § 85-18-15

Current through Register Vol. XLI, No. 21, May 23, 2024

Section 85-18-15 - Involuntary revocation of self-insurance status

15.1. Notification.

a. Prior to recommending to the Industrial Council that the self-insured employer's status of self-insurance be revoked, the Commissioner shall:

1. Notify the self-insured employer regarding the forthcoming recommendation;

2. Provide to the employer the reasons for recommending revocation of self-insured status;

3. Provide to the employer fifteen (15) days for written response to the Commissioner's reasons for recommending revocation of self-insurance status;

4. Inform the self-insured employer that failure to respond in writing to the notification will result in the Commissioner's recommendation to the Industrial Council that the employer's self-insured status be revoked; and

5. Provide the notification to the self-insured in writing and by certified United States mail, return receipt requested.

15.2. Presentation before the Industrial Council.

a. After the Commissioner's review of the response from the self-insured employer or the expiration of the time for response, the Commissioner may recommend to the Industrial Council that the employer's status of self-insurance be revoked.

b. If the Commissioner recommends that the employer's self-insured status be revoked, he or she shall provide a copy of the employer's response to the Industrial Council.

c. The Commissioner shall make its recommendation to the Industrial Council at a meeting of the Council. The recommendation may be provided to the Council during an executive session of a meeting.

d. The employer shall be notified of the date, time and location of the meeting of the Industrial Council wherein the Commissioner will make his or her recommendation. The employer may be present during the presentation of the Commissioner's recommendation. The employer may address the Council regarding the recommendation and for such time as may be appropriate in the discretion of the chair.

15.3. Approval of the Industrial Council.

a. After the Commissioner presents his or her recommendation to the Industrial Council, the Council shall determine whether to approve the Commissioner's recommendation.

b. All decisions of the Industrial Council regarding the Commissioner's recommendation shall be made in an open meeting of the board.

15.4. Revocation.

a. If the Industrial Council approves the Commissioner's recommendations to revoke the employer's self-insurance status, the Commissioner shall, by its order, notify the employer of the revocation of its self-insured status and the reasons for the revocation.

b. Upon revocation of the privilege of self-insurance, the employer shall remain liable for all accrued and contingent liabilities resulting from injuries or diseases incurred by its employees during the period of self-insurance and prior to the termination of self-insured status.

c. In the event that an employer's self-insured status is revoked, the Commissioner may, in his or her sole discretion, order the employer to pay into the Self-Insured Employer Guaranty Risk Pool and Self-Insured Employer Security Risk Pool (if applicable) an amount sufficient to cover the estimated cost of all of the self-insured employer's accrued and contingent liabilities resulting from the period of self-insured status, or, in the alternative and in the Commissioner's sole discretion, secure the liabilities in a manner consistent with other provisions of this rule.

W. Va. Code R. § 85-18-15