1. (a) A valid Certificate to Administer issued by the Manager shall be in the possession of each claims administrator, whether a person, firm, corporation, joint powers authority or self insured employer, to administer or adjust workers' compensation self insurance claims.

   Exception 1: An insurer admitted to transact workers' compensation insurance in California is exempt from this requirement pursuant to Labor Code Section 3702.1(a);

   Note: An insurance company subsidiary not admitted to transact workers' compensation insurance in California and engaged in the administration or adjustment of claims for a self insured employer is not exempt.

   Exception 2: A private self insurer that administers its own claims and/or the claims of other private self insurers with common ownership or which are in the same Master Certificate file is exempt from this requirement.

   Exception 3: A joint powers authority that holds a Master Certificate of Consent to Self Insure and administers its own claims; and/or the claims of other public self insurers which have an affiliate Certificate under the same Master Certificate file number held by the joint powers authority; and/or the claims of a former member of the joint powers authority is exempt from this requirement.

   Exception 4: A public self insurer that administers its own agency's claims is exempt from this requirement.

2. (b) Application for a Certificate to Administer shall be made on forms provided by Self-Insurance Plans (Form A4-50 (Rev. 4/91)). A complete application shall include the application form, and fees in accordance with Section 15454.

   1. (1) The applicant will be notified in writing within 14 days of receipt if the application is deficient.
   2. (2) A certificate to administer will be issued within 30 days of receipt of a complete application.

   Note: The current application form is contained in Plate L of the Appendix following the last Article of these Group 2 regulations.

3. (c) The Certificate to Administer expires June 30 and reapplication must be made prior to June 1 for the subsequent renewal period. The applicant may request the Certificate to Administer to be issued for a period of 1, 2 or 3 years.
4. (d) Failure to comply with Articles 6 and 9 of these regulations or engaging in improper practices as described in Labor Code Section 3702(a) is good cause for revocation or non-renewal of the Certificate to Administer.

Note: Authority cited: Sections 54, 55, 59, and 3702.10, Labor Code. Reference: Sections 59, 3702 and 3702.1, Labor Code. Government Code Sections 15375, 15376.

History

1. New article 12 (sections 15450-15463, not consecutive) filed 1-27-86; effective thirtieth day thereafter (Register 86, No. 5).

2. Amendment of article and section headings filed 2-19-92; operative 3-20-92 (Register 92, No. 13).

3. Amendment of subsections (a), (b)(2) and (d) filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).