Chapter 10-149

Chapter 149

2010 -- H 7803 AS AMENDED

Enacted 06/25/10

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION INSURANCE

Introduced By: Representatives Melo, Carnevale, Ucci, Petrarca, and Silva

Date Introduced: February 25, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 28-36-12 of the General Laws in Chapter 28-36 entitled "Workers'

Compensation - Insurance" is hereby amended to read as follows:

28-36-12. Notice of issuance, cancellation, or failure to renew policies. -- (a) Every

insurance company having written a policy insuring against liability for personal injuries to

employees shall notify the director of the issuance of the policy within five (5) days of the

effective date of this policy in a manner determined by the director. Upon the cancellation of the

policy or failure to renew it, every insurance company having written the policy shall

immediately notify the director of the cancellation or failure to renew. The director shall have

discretion to assess an administrative penalty of not more than two hundred fifty dollars ($250)

per offense against any insurance company that fails to notify the director as required in this

section. The director, in his or her discretion, may bring a civil action to collect all assessed civil

penalties. The workers' compensation court shall have jurisdiction to enforce compliance with

any order of the director made pursuant to this section. Additionally, any insurance company that

willfully fails to notify the director as required in this section shall be subject to prosecution for a

misdemeanor and upon conviction may be punished by a fine of not more than two hundred fifty

dollars ($250) for each offense. All criminal actions for any violation of this section shall be

prosecuted by the attorney general at the request of the director.

(b) Cancellation of the policy or non-renewal shall not be deemed effective until written

notice of the cancellation or non-renewal is received by the director.

general fund.

(d) Except for workers’ compensation insurance coverage verification, all information

required to be provided to the director under Chapter 36 of Title 28 shall be considered

confidential under section 38-2-2(4)(B) of the general laws.

SECTION 2. This act shall take effect upon passage.

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LC01974

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