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Session Laws, 1985
Volume 760, Page 2929   View pdf image
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HARRY HUGHES, Governor

2929

Commission of the reasons for the objection. The employer's
notice to the Commission shall serve as an application for review
under the provisions- of § 95 of this article.

(c)  If the employer does not notify the Commission of his
objection as provided in subsection (b) and does not make payment
of the award, the claimant may apply to the Director of the
Uninsured Employers' Fund Board for payment from the Fund.

(d)  If the Fund makes payment as directed by the
Commission, it shall be subrogated to the rights of the claimant
against the uninsured employer, as set forth in § 96 of this
article, and may institute a civil action to recover moneys paid
under the award, or refer the matter to the appropriate authority
for prosecution under § 19(f) of this article, or both.

(E) NOTWITHSTANDING SUBSECTION (D) OF THIS SECTION, IF AN
EMPLOYER FAILS TO REIMBURSE THE FUND FOR PAYMENT OF AN AWARD
UNDER THIS SECTION, THE DIRECTOR OF THE UNINSURED EMPLOYERS' FUND
BOARD SHALL NOTIFY EACH STATE, COUNTY, OR MUNICIPAL LICENSING
AGENCY THAT HAS ISSUED A LICENSE OR PERMIT TO THE EMPLOYER FOR AN
ACTIVITY FOR WHICH WORKMEN'S COMPENSATION COVERAGE IS REQUIRED BY
LAW TO SUSPEND THAT LICENSE. THE DIRECTOR SHALL FORWARD A COPY
OF THE NOTIFICATION TO THE EMPLOYER BY CERTIFIED MAIL. WITHIN 15
DAYS AFTER RECEIPT OF THE NOTIFICATION, THE LICENSING AGENCY
SHALL SUSPEND THE LICENSE OF THE EMPLOYER UNTIL THE EMPLOYER
REPAYS, OR AGREES TO REPAY, THE AWARD TO THE FUND IN A MANNER
APPROVED BY THE UNINSURED EMPLOYERS' FUND BOARD.

(E) NOTWITHSTANDING SUBSECTION (D) OF THIS SECTION, IF AN
EMPLOYER FAILS TO REIMBURSE THE FUND FOR PAYMENT OF AN AWARD
UNDER THIS SECTION, THE DIRECTOR OF THE UNINSURED EMPLOYERS' FUND
BOARD SHALL NOTIFY THE EMPLOYER BY CERTIFIED MAIL THAT THE
EMPLOYER'S LICENSE TO DO BUSINESS IN THIS STATE MAY BE SUSPENDED.
THE DIRECTOR SHALL FORWARD A COPY OF THE NOTIFICATION TO EACH
STATE, COUNTY, OR MUNICIPAL LICENSING AGENCY THAT HAS ISSUED A
LICENSE OR PERMIT TO THE EMPLOYER FOR AN ACTIVITY FOR WHICH
WORKMEN'S COMPENSATION COVERAGE IS REQUIRED BY LAW. WITHIN 15
DAYS AFTER RECEIPT OF THE NOTIFICATION, THE LICENSING AGENCY
SHALL PROVIDE THE EMPLOYER WITH SUCH NOTICE AND OPPORTUNITY FOR A
HEARING AS MAY BE OTHERWISE REQUIRED BY LAW.

(F) IF A HEARING IS REQUIRED BY LAW TO BE HELD BY THE
LICENSING AGENCY, THE LICENSING AGENCY SHALL SEND WRITTEN NOTICE
OF THE HEARING DATE TO THE DIRECTOR OF THE UNINSURED EMPLOYERS'
FUND BOARD. UPON A FINDING BY THE LICENSING AGENCY THAT AN
EMPLOYER HAS FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPAYMENT
TO THE FUND AS REQUIRED IN THIS SECTION, THE LICENSING AGENCY
SHALL SUSPEND THE LICENSE OF THE EMPLOYER UNTIL THE EMPLOYER
REPAYS, OR AGREES TO REPAY, THE AWARD TO THE FUND IN A MANNER
APPROVED BY THE UNINSURED EMPLOYERS' FUND BOARD.

91.

 

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Session Laws, 1985
Volume 760, Page 2929   View pdf image
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