Mont. Admin. R. 24.29.2831 - COLLECTION OF PENALTIES AND OTHER PAYMENTS FROM UNINSURED EMPLOYERS
(1) The department
collects penalties from uninsured employers in the manner specified by
39-71-504,
MCA. The department will assess a penalty on every uninsured employer of which
it becomes aware, unless the department determines that the uninsured period is
de minimis.
(2) The amount of the
penalty assessed is $200.00, or twice the amount of the premium that the
uninsured employer should have paid on the past three-year payroll while the
employer was uninsured, whichever is greater.
(3) To the extent that the state compensation
insurance fund (plan no. 3) has a multiple pricing of premium structure in
effect during any period in which the employer was uninsured, the penalty may
be calculated using the highest tier (or pricing level) that could have been
charged by the state fund during that period.
(a) For good cause shown, the penalty will be
calculated using the rate the state fund would have actually charged the
employer during the uninsured period. The employer has the burden of proof of
establishing what rate or rates would have been charged by the state fund
during the uninsured period.
(b)
The employer has the burden of proof of establishing good cause for use of the
lower rate as provided in (3)(a).
(i) The
employer's alleged financial inability to pay the cost of workers' compensation
insurance premium during the uninsured period does not constitute "good cause"
for the purposes of this rule.
(ii)
The employer's alleged financial inability to pay the penalty imposed by this
rule does not constitute "good cause" for the purposes of this rule.
(4) Amounts collected
from an employer to reimburse the UEF for benefits paid must be deposited with
the UEF. Any amount collected from an employer for future liability on a
particular claim becomes an earmarked fund when there is an assignment
agreement between the claimant and the UEF.
(5) An account balance is considered past due
for the purposes of assessing a late fee if the payment is not received within
30 days after the original billing or notice of requirement of workers'
compensation coverage.
Notes
39-71-203, MCA; IMP, 39-71-504, MCA;
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