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Friday, January 18, 2013

IWCC 2013 Regulatory Agenda

In this morning's Illinois Register, the IWCC filed a regulatory agenda update for the Illinois
Insurance Regulations (50 Ill. Adm. Code 7100).

On Page 630 (PDF page 156) of the Illinois Register, the IWCC gives a general overview of its intentions to update both Sections 7100.100 and 7100.70 of the Insurance Regulations.  The IWCC notification lists the anticipated JCAR First Notice submission date as "undetermined."

Description: The Commission anticipates changes to two Sections of Part 7100 of its rules. Section 7100.100 sets forth the procedure for the enforcement of the insurance compliance provisions of Section 4 of the Workers' Compensation Act. This rule has not been updated since 1990 and there have been several significant amendments to Section 4 since that time, including the ability of the Commission to issue a work-stop order for an employer who has knowingly failed to provide workers' compensation insurance. In addition, Section 7100.100 does not include the minimum $10,000 fine for the knowing and willful failure or refusal to obtain workers' compensation insurance set forth in Section 4(d) of the Workers' Compensation Act and the applicability of such fine to corporate officers and directors, which is also set forth in Section 4(d) of the Act. Section 7100.70 sets forth the qualifications required to be approved as a self-insurer in Illinois, as well as the procedural aspects of the application process. This rule has not been updated since 1996. The rule will be updated in order ensure the integrity of the self-insurance program.

 

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