(a)
Applications may be obtained from the Loss Control Consultation Services
Certification Unit of the Division.
(b) The application (Form LCC-1; 10-94) shall
be lodged with the Loss Control Consultation Services Certification Unit and
shall be accompanied by the required application fee.
(c) The application shall provide, be
accompanied by, or be supplemented with the following items:
(1) Names under which the applicant is
authorized to write workers' compensation insurance;
(2) Name and address of the insurer's
employee directly responsible for administering the insurer's loss control
consultation services;
(3) Proof of
authorization from the California Department of Insurance to write workers'
compensation insurance within the State of California;
(4) Documentation demonstrating the insurer's
capability to deliver loss control consultation services as described by
section
339.5(b)(2);
(5) A copy of the insurer's annual plan;
and
(6) Any additional information
requested by the Division, if reasonably necessary to evaluate the insurer's
suitability for certification consistent with the requirements of this
Article.
(d) Within 30
business days of receipt of an application for certification, the Division
shall inform the applicant in writing either that the application is either
complete and accepted for filing, or that the application is deficient and
requires supplementation with additional information or documentation.
(1) An application shall be deemed complete
if it is in compliance with the requirements of this section.
(2) A notice that the application is
deficient shall explain what specific information or documentation is required
to complete the application.
NOTE: If the volume of applications received
results in the Division's inability to process the insurer's start-up
application for certification in compliance within the 30-business-day period,
the Division may extend the period for up to 120 days. Where such an extension
is made by the Division, the insurer's period of provisional certification
shall be deemed extended by an equal amount of time pursuant to section
339.2(b).
(e) Within 30 business days of the date of
acceptance for filing of a completed application, the Division shall issue to
the applicant:
(1) A Notice of Certification
which includes the date of expiration of the certification and specifies any
conditions which attach to retention of the certification; or
(2) A Notice of Denial of Certification,
accompanied by a written explanation of the reasons for the
denial.
Notes
Cal. Code Regs. Tit. 8, §
339.7
1. New
section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2).
A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency
language will be repealed by operation of law on the following
day.
2. New section refiled with amendments 4-26-94 as an emergency;
operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be
transmitted to OAL by 8-24-94 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance
as to 4-26-94 order including amendment of subsections (b), (c)(3) and (d)
transmitted to OAL and filed 10-6-94 (Register 94, No.
40).
Note: Authority cited: Sections
54 and
55, Labor Code;
and section
11721,
Insurance Code. Reference: Section
11721,
Insurance Code.
1. New section
filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2). A
Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency
language will be repealed by operation of law on the following day.
2. New section refiled with amendments 4-26-94 as an emergency; operative
4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted
to OAL by 8-24-94 or emergency language will be repealed by operation of law on
the following day.
3. Certificate of Compliance as to 4-26-94 order
including amendment of subsections (b), (c)(3) and (d) transmitted to OAL and
filed 10-6-94 (Register 94, No. 40).