34A-2-1003. Issuance of a waiver.

323 words·~1 min read·/ut/title-34a/chapter-2/34a-2-1003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/9/2017

(1)The commission shall issue a workers' compensation coverage waiver to a business entity that:

(a)elects not to include an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section 34A-2-103 and Subsection 34A-2-104(3) or

(4);

(b)employs no other employee on the day on which the commission issues the waiver to the business entity;

(c)provides to the commission the information required by Section 34A-2-1004 ; and

(d)pays a fee established by the commission in accordance with Section 63J-1-504 , except that the fee may not exceed $50.

(a)A waiver issued under this section expires one year from the day on which it is issued unless renewed by the holder of the waiver.

(b)To renew a waiver issued under this part, the holder of the waiver shall:

(i)employ no other employee on the day on which the commission renews the waiver;

(ii)provide to the commission the information required by Section 34A-2-1004 ; and

(iii)pay a fee established by the commission in accordance with Section 63J-1-504 , except that the fee may not exceed $50.

(3)As of the day on which a business entity described in Subsection

(1)employs an employee other than an owner, partner, or corporate officer or director described in Subsection (1)(a) :

(a)the business entity's waiver is invalid; and

(b)the business entity is required to provide workers' compensation coverage for that employee in accordance with Section 34A-2-201 .

(4)The commission shall deposit a fee collected under this section in the Industrial Accident Restricted Account created in Section 34A-2-705 .

(5)Unless invalidated under Section 34A-2-1005 , notwithstanding the other provisions of this section, a waiver issued by an insurer that is valid on June 30, 2011, remains valid until its expiration date.

Amended by Chapter 146 , 2017 General Session