Sec. 34.3. (a) The worker’s compensation board is entitled to request that an employer provide the board with current proof of compliance with section 34 of this chapter.

     (b) If an employer fails or refuses to provide current proof of compliance by the tenth day after the employer receives the board’s request under subsection (a), the board:

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Terms Used In Indiana Code 22-3-7-34.3

  • employer: includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased individual, firm, association, limited liability company, limited liability partnership, or corporation or the receiver or trustee of the same, using the services of another for pay. See Indiana Code 22-3-7-9
(1) shall send the employer a written notice that the employer is in violation of section 34 of this chapter; and

(2) may assess a civil penalty against the employer of one hundred dollars ($100) per day beginning on the date of the request under subsection (a) and ending on the date compliance occurs.

     (c) An employer may challenge the board’s assessment of a civil penalty under subsection (b)(2) by requesting a hearing in accordance with procedures established by the board.

     (d) The board shall waive a civil penalty assessed under subsection (b)(2) if the employer provides the board current proof of compliance by the twentieth day after the date the employer receives the board’s notice under subsection (b)(1).

     (e) If an employer fails or refuses to:

(1) provide current proof of compliance by the twentieth day after the date the employer receives the board’s notice under subsection (b)(1); or

(2) pay a civil penalty assessed under subsection (b)(2);

the board may, after notice to the employer and a hearing, order that the noncompliant employer’s name be listed on the board’s Internet web site.

     (f) A noncompliant employer’s name may be removed from the board’s Internet web site only after the employer does the following:

(1) Provides current proof of compliance with section 34 of this chapter.

(2) Pays all civil penalties assessed under subsection (b)(2).

     (g) The civil penalties provided for in this section are cumulative.

     (h) Civil penalties collected under this section shall be deposited in the worker’s compensation supplemental administrative fund established by IC 22-3-5-6.

As added by P.L.168-2011, SEC.15. Amended by P.L.204-2018, SEC.13.

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