The director, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, and repeal rules and regulations reasonably necessary to carry out the purposes of Section 129 and Article 1 (commencing with Section 3700), Article 2 (commencing with Section 3710), and Article 2.5 (commencing with Section 3740). This authorization includes, but is not limited to, the adoption of regulations to do all of the following:
(a) Specifying what constitutes ability to self-insure and to pay any compensation which may become due under Section 3700.
(b) Specifying what constitutes a marked reduction of an employer’s financial strength.
(c) Specifying what constitutes a failure or inability to fulfill the employer’s obligations under Section 3702.
(d) Interpreting and defining the terms used.
(e) Establishing procedures and standards for hearing and determinations, and providing for those determinations to be appealed to the appeals board.
(f) Specifying the standards, form, and content of agreements, forms, and reports between parties who have obligations pursuant to this chapter.
(g) Providing for the combinations and relative liabilities of security deposits, assumptions, and guarantees used pursuant to this chapter.
(h) Disclosing otherwise confidential financial information concerning self-insureds to courts or the Self-Insurers’ Security Fund and specifying appropriate safeguards for that information.
(i) Requiring an amount to be added to each security deposit to secure the cost of administration of claims and to pay all legal costs.
(j) Regulating the workers’ compensation self-insurance obligations of self-insurance groups and professional employer organizations, leasing employers as defined in Section 606.5 of the Unemployment Insurance Code, or temporary services employers, as defined in Section 606.5 of the Unemployment Insurance Code, holding certificates of consent to self-insure.
(Amended by Stats. 2012, Ch. 363, Sec. 22. (SB 863) Effective January 1, 2013.)
Last modified: October 25, 2018