Rule 120-2-38-.06 - Administration of Plan(1) The Administrator of the Plan shall be appointed by the Commissioner of Insurance of the State of Georgia and shall be removable at the discretion of the Commissioner.(2) The Administrator shall file, in such form as is acceptable to the Commissioner, operating rules, procedures and guidelines for the operation of the Plan. The Commissioner shall approve such reasonable operating rules, procedures and guidelines as are necessary or advisable to effectuate the provisions of this Regulation.(3) The operating rules, procedures or guidelines for the operation of the Plan may include a provision for one or more Carriers to assume the duties of issuing and servicing workers' compensation insurance policies written in accordance with this Plan. Such provision, however, shall not relieve any Carrier of its obligations under this Plan nor affect any allotment of assignments made hereunder.(4) The Administrator shall file with the Commissioner for prior approval all administrative fees it intends to collect for administering and servicing Plan business. This shall be submitted by October 1st for the upcoming year. For purposes of this subsection, administrative fees are defined as any revenue collected by the Administrator involving Plan business including, but not limited to, company assessments, service fees, interest, inspection reports fees, experience rating worksheets fees, survey fees, agency based fees, computer service fees, and amounts collected from the sale of reports, filings or publications using Georgia Workers' Compensation Assigned Risk data. On or before April 1 of each year, the Administrator shall submit a report to the Commissioner for the prior calendar year detailing all administrative fees actually collected.
(5) The Administrator shall establish eligibility criteria and written performance standards for Assigned Carriers, subject to the Commissioner's approval. The Commissioner may designate the Administrator to conduct a Servicing Carrier bid process or other method of selecting Servicing Carriers and establishing the Servicing Carrier allowance at his discretion. Any contract issued between the Administrator and the Servicing Carrier shall not contain any language that could circumvent or limit the Commissioner's authority in terminating Servicing Carriers for cause.(6) Any Carrier interested in becoming a Direct Assignment Carrier shall submit an application annually to the Commissioner for approval. The Commissioner may establish eligibility criteria for Carriers applying to qualify for Direct Assignment status. Direct Assignment Carrier will be required to adhere to the same performance standards and rules established by the Plan. Any Direct Assignment Carrier not complying with Plan performance standards or rules may be terminated by the Commissioner with thirty (30) days notice. The Administrator, at least every three years, or more often if warranted, shall perform a performance audit to ensure compliance with the above conditions.(7) The Administrator shall submit to the Commissioner on a quarterly basis or annual basis depending on the nature of the report, true and correct copies of any performance audits conducted by or on behalf of the Administrator on Assigned Carriers.(8) The Administrator shall file, on a quarterly basis, a list of all assignments made. Such list shall include the Carrier's name and indicate whether servicing or direct, the name and address of the assigned Risk, original effective date of coverage, expiration date, experience modification factor, governing class, state premium and the Risk identification number.(9) Any and all information collected by the Administrator, including but not limited to policyholder information, workers' compensation insurance data, statistical data, and information resulting from the use of such data, in manual and automated form, shall be provided to the Commissioner upon request in a format prescribed by the Commissioner and shall be and remain the property of the State of Georgia.Ga. Comp. R. & Regs. R. 120-2-38-.06
O.C.G.A. Secs. 33-2-9, 33-9-8, 33-9-20, 33-9-21, 34-9-133.
Original Rule entitled "Administration of Plan" was filed on December 1, 1983; effective January 1, 1984, as specified by the Agency.Amended: F. May 29, 1992; eff. June 18, 1992.Repealed: New Rule of same title adopted. F. Aug. 10, 1993; eff. Aug. 30, 1993.Repealed: New Rule of same title adopted. F. Sept. 12, 1996; eff. Oct. 2, 1996.