Title 34, Chapter 9, Section 63
( 34-9-63)
(a) The total expenses of the board shall be prorated among the
qualified insurance companies writing compensation insurance in this
state, hereinafter referred to as insurers, and employers subject to
the provisions of this chapter whose workers' compensation insurance
coverage is not written by these companies, hereinafter referred to
as self-insurers, including, but not limited to, the state,
counties, municipalities, and any political subdivisions or
authorities thereof. Such proration shall be on the basis, in the
case of the insurers, of the gross earned premium and, in the case
of self-insurers, on the basis of the amount of premium which they
would have had to pay in the event they had insured their liability
with an insurer; provided, however, the board may establish by rule
a minimum assessment, based upon the administrative cost necessary
to provide licensure support and basic computer management reports
for each insurer or self-insurer, to be paid by insurers and
self-insurers whose actual prorated assessment otherwise would be
less than the minimum assessment. Prorated assessments based on the
experience of the previous calendar year shall be made on July 1,
based on the budget of the board for that fiscal year. (b) Sworn reports of the compensation premium writing of the
insurers and sworn payroll statements of others for the preceding
calendar year shall be filed with the board not later than March 1
of each year. (c) The books of the board shall be audited annually and a copy of
such audit shall be available for inspection during normal business
hours by all parties among whom the expenses of the board are
prorated. All moneys assessed against insurers and others under
this chapter shall be paid into the state treasury and held as a
special fund solely for the operation of the board to administer
this chapter. (d) The Attorney General shall enforce collection against insurers
and others failing to comply with this Code section, based on
reports of violation furnished by the board and investigation; the
costs of collection shall be borne by the delinquent party. (e) Any insurer, private employer, or governing authority of a
public employer that violates any provision of this Code section
shall be guilty of a misdemeanor. |