Workers' Compensation: Application and Audit Procedures

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO: RULE TITLE
69O-189.003: Workers' Compensation: Application and Audit Procedures

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 25, June 26, 2009 issue of the Florida Administrative Weekly.

These changes are being made to address concerns expressed by JAPC.

1) The phrase “to the extent that such notarization complies with Parts I and II of Chapter 668, F.S.” was added at the end of the first sentence of paragraph 69O-189.003(2)(b), F.A.C., and at the end of the second sentence of paragraph 69O-189.003(2)(b), F.A.C.

2) In sub-subparagraph 69O-189.003(4)(b)2., F.A.C., “with reasonable grounds” was replaced with “unless such request is unnecessarily repetitive.”

3) In sub-subparagraph 69O-189.003(4)(b)4., F.A.C., “but not be limited to” was stricken.

4) Sub-subparagraph 69O-189.003(4)(b)4.h., F.A.C., was added which reads “Any other employer records necessary to establish premium or assign classifications.”

5) Sub-subparagraph 69O-189.003(4)(c)1.f., F.A.C., was rewritten as follows: “For all policies with a loss ratio of 120% or greater the first year the employer qualifies and thereafter, regardless of premium range, subject to the FWCJUA’s or its service provider’s determination whether such audit is unnecessarily repetitive;”

6) In sub-subparagraph 69O-189.003(4)(c)1.g., F.A.C., the phrase “on reasonable grounds” was replaced with “unless such request is unnecessarily repetitive”.

7) In sub-subparagraph 69O-189.003(4)(c)1.h., F.A.C., “in” was replaced with “by”; “judgment by” was replaced with “evaluation of”; and the phrase “or by questions concerning” was stricken.

8) In subparagraph 69O-189.003(4)(c)3., F.A.C., “but not be limited to” was stricken.

9) Sub-subparagraph 69O-189.003(4)(c)3.h., F.A.C., was added which reads “Any other records necessary to establish premium or assign classifications.”

The remainder of the rule reads as previously published.