OAR 436-050-0200
Self-Insured Certification Cancellation; Revocation

(1) Effective period of self-insurance certification. A self-insured employer’s certification remains in effect until:
(a) Revoked as provided under OAR 436-050-0150 (Qualifications of a Self-Insured Employer) to 436-050-0195 (Requirements for Changes in Self-Insured Employer Entity), ORS 656.434 (Certification effective until canceled or revoked), and ORS 656.440 (Notice of certificate revocation); or
(b) Canceled by the self-insured employer with the approval of the director.
(2) Cancellation of self-insurance certification. If a self-insured employer wishes to cancel its self-insurance certification or cancel the self-insurance coverage of any entity included under its self-insurance certification:
(a) The employer must submit a written request to the director. The request must include:
(A) The arrangements that have been made to process present and future claims for which the employer is responsible;
(B) A statement of all present and future claims liabilities for all liabilities incurred during the period of self-insurance; and
(C) Any reports and moneys due the director under ORS 656.506 (Assessments for programs), 656.612 (Assessments for department activities), and 656.614 (Self-Insured Employer Adjustment Reserve).
(b) The request under subsection (a) must be submitted at least 60 days before the desired date of cancellation. If the request to cancel is submitted fewer than 60 days before the desired date of cancellation, or otherwise does not meet the requirements of this section, the director may set a cancellation date later than the date requested.
(c) If the self-insured employer will continue to have subject workers after the cancellation date, the employer must demonstrate compliance with ORS 656.017 (Employer required to pay compensation and perform other duties), before the desired date of cancellation, by causing one of the following to be filed with the director:
(A) Proof of coverage provided by an insurer under ORS 656.407 (Qualifications of insured employers), filed by the insurer;
(B) Notice of client coverage provided by a worker leasing company under OAR 436-180-0110 (Notice of Client Coverage; Changes to Coverage Information; Termination; Reinstatements), filed by the worker leasing company; or
(C) A copy of an assigned risk binder issued by the Plan Administrator of the Oregon Workers’ Compensation Insurance Plan under OAR 836-043-0044 (Binding Coverage), filed by the Plan Administrator.
(d) If the self-insured employer fails to provide the director evidence of coverage under subsection (c) before the desired date of cancellation, the self-insurance certification, including reports and moneys due the director under ORS 656.506 (Assessments for programs), 656.612 (Assessments for department activities), and 656.614 (Self-Insured Employer Adjustment Reserve), will remain in effect.
(3) Responsibility for processing claims. If a workers’ compensation insurance policy and a self-insurance certification on file with the director are both in effect for the same employer for the same time period, the self-insured employer is responsible for processing claims that occur during the time period.
(4) Revocation of self-insurance certification. The director may revoke the self-insurance certification of any self-insured employer that fails to comply with ORS 656.407 (Qualifications of insured employers), 656.430 (Certification of self-insured employer), and these rules; defaults under ORS 656.443 (Procedure upon default by employer or self-insured employer group); or commits any violation for which a civil penalty may be assessed under ORS 656.745 (Civil penalty for inducing failure to report claims). Except as provided in ORS 656.430 (Certification of self-insured employer)(9), notice of certificate revocation will be issued in accordance with the provisions of ORS 656.440 (Notice of certificate revocation).
(5) Release of security after self-insured certification cancellation; revocation. If the certification of a self-insured employer has been canceled or revoked, the director may accept a policy of paid-up insurance in lieu of the self-insured employer’s security deposit.
(a) The director may accept a policy of paid-up insurance under the following conditions:
(A) The policy must be issued by an insurer, as defined in OAR 436-050-0005 (Definitions);
(B) The policy must provide that the insurer agrees to assume, without monetary limit, all responsibilities and liability of the self-insured employer under ORS chapter 656 for the period the self-insured employer’s certification was in effect;
(C) The policy must not be subject to cancellation; and
(D) The policy must not contain provisions or endorsements that do not comply with ORS chapter 656 or OAR chapter 436, including provisions that limit when a claim may be reported.
(b) The director may consider the following factors when determining whether to accept a policy of paid-up insurance:
(A) The amount of the insurer’s surplus, as reported on column 1, line 37 of the Liabilities, Surplus, and Other Funds page of the insurer’s Annual Statement under OAR 836-011-0000 (Annual Statement Blank and Instructions), relative to the amount of security the self-insured employer is required to maintain under OAR 436-050-0180 (Determination of Amount of Self-Insured Employer’s Deposit; Effective Date of Order to Increase Deposit); and
(B) The amount of the insurer’s total adjusted capital relative to the insurer’s authorized control level risk-based capital, as reported on column 1, lines 28 and 29 of the Five-Year Historical Data page of the insurer’s Annual Statement under OAR 836-011-0000 (Annual Statement Blank and Instructions).
(c) Upon accepting a policy of paid-up insurance, the director will release the self-insured employer’s security deposit in writing.

Source: Rule 436-050-0200 — Self-Insured Certification Cancellation; Revocation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-050-0200.

436–050–0003
Purpose and Applicability 436–050–0005
Definitions 436–050–0008
Requests for Hearings or Administrative Review 436–050–0015
Suspension and Revocation of Authorization to Issue Workers’ Compensation Insurance Policies 436–050–0025
Service of the Notice of Civil Penalty Orders 436–050–0040
Responsibility for Providing Coverage When a Contract is Awarded 436–050–0045
Nonsubject Workers 436–050–0050
Corporate Officers, Limited Liability Company Members, Partners 436–050–0055
Extraterritorial Coverage 436–050–0110
Notice of Insurer’s Place of Business in State 436–050–0120
Records Insurers Must Keep in Oregon 436–050–0150
Qualifications of a Self-Insured Employer 436–050–0160
Applying for Certification as a Self-Insured Employer 436–050–0165
Security Deposit Requirements 436–050–0170
Excess Insurance Requirements 436–050–0175
Annual Reporting Requirements 436–050–0180
Determination of Amount of Self-Insured Employer’s Deposit 436–050–0185
Qualifications for Deposit Exemption for Self-Insured Cities, Counties, and Qualified Self-Insured Employer Groups, Application Procedures, Conditions and Requirements, Revocation and Requalification 436–050–0190
Using Self-Insured Employers’ Security Deposit/Self-Insured Employer Adjustment Reserve/Self-Insured Employer Group Adjustment Reserve/Director-Ordered Assessments of Private Employer Members of Self-Insured Employer Groups 436–050–0195
Requirements for Changes in Self-Insured Employer Entity 436–050–0200
Self-Insured Certification Cancellation 436–050–0205
Notice of Self-Insurer’s Personal Elections 436–050–0210
Notice of Self-Insurer’s Place of Business in State 436–050–0220
Records Self-Insured Employer Must Keep in Oregon 436–050–0230
Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer 436–050–0260
Qualifications of a Self-Insured Employer Group 436–050–0270
Applying for Certification as a Self-Insured Employer Group: Private Employers 436–050–0280
Applying for Certification as a Self-Insured Employer Group: Governmental Subdivisions 436–050–0290
Commencement/Termination/Cancellation of Employers with a Self-Insured Employer Group 436–050–0300
Self-Insured Employer Group, Common Claims Fund 436–050–0340
Group Self-Insurance Revocation
Last Updated

Jun. 8, 2021

Rule 436-050-0200’s source at or​.us