The purpose and effect of the amendment to the rule is to clarify that the department will not recalculate the employer’s imputed payroll when the employer has provided business records sufficient for the department to determine the employer’s ...

DEPARTMENT OF FINANCIAL SERVICES
Divsion of Worker's Compensation

RULE NO: RULE TITLE
69L-6.028: Procedures for Imputing Payroll and Penalty Calculations
PURPOSE AND EFFECT: The purpose and effect of the amendment to the rule is to clarify that the department will not recalculate the employer’s imputed payroll when the employer has provided business records sufficient for the department to determine the employer’s payroll after forty-five days from the date the employer received a written request to produce business records, and that the imputed weekly payroll for each employee, corporate officer, sole proprietor, or partner shall be based upon the highest rated workers’ compensation classification code of the employer, unless the employer’s business records demonstrate the assignment of an alternative classification code.
SUMMARY: Calculation of employer penalties where the employer has failed to provide business records sufficient to enable the department to determine payroll for the period requested.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 440.107(9), 440.591 FS.
LAW IMPLEMENTED: 440.107(5)(2002), 440.107(7)(e) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: July 11, 2006, 2:00 p.m.
PLACE: 104J Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andrew Sabolic, Bureau Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4228, [phone]
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Department at least 5 calendar days before the program by contacting the person listed above.

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-6.028  Procedures for Imputing Payroll and Penalty Calculations.

(1) through (2) No change.

(a) through (c) No change.

(d) The imputed weekly payroll for each employee, corporate officer, sole proprietor, or partner shall be assigned to the highest rated workers’ compensation classification code associated with the employer’s business activities, unless the employer’s business records demonstrate the assignment of an alternative workers’ compensation classification code.

(3) If subsequent to imputation of weekly payroll pursuant to section (2) herein, but before and only until the expiration of forty-five calendar days from the receipt by the employer of written request to produce business records, the employer provides business records sufficient for the department to determine the employer’s payroll for the period requested for the calculation of the penalty pursuant to section 440.107(7)(e), Florida Statutes, the department shall recalculate the employer’s penalty to reflect the payroll information provided in such business records.

(4)  No change

 

Specific Authority 440.107(9), 440.591 FS. Law Implemented 440.107(5)(2002), 440.107(7)(e) FS. History–New 7-12-05, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrew Sabolic, Bureau Chief, Bureau of Compliance
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dan Sumner, Workers’ Compensation, Assistant Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 7, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 17, 2006