SECTION 810:25-7-1. Proof of insurance

(a)   Whenever the Commission has reason to believe that an employer is required to secure the payment of compensation under the AWCA and has failed to do so, the Commission may make reasonable inquiry of the employer, issue subpoenas and demand proof of current workers' compensation insurance coverage compliant with 85A O.S. § 38 or documentation substantiating the employer's exemption from coverage requirements. Subpoenas issued under this Section shall be governed by 810:10-5-31.

(b)   As authorized in 85A O.S. § 40, if no proof of insurance or exemption is provided; or the documentation offered does not substantiate a claimed exemption or is not current, valid proof of insurance in accordance with 85A O.S. § 38; or the employer fails to respond in a timely manner, the Commission shall serve on the employer a proposed judgment declaring the employer to be in violation of the workers' compensation insurance coverage requirements mandated by law and may assess a monetary fine against the employer, if any, in an amount not to exceed One Thousand Dollars ($1,000.00) per day of violation, and not to exceed a total of Fifty Thousand Dollars ($50,000.00) for the first violation.

[Source: Added at 31 Ok Reg 497, eff 2-4-14 (emergency); Added at 32 Ok Reg 1493, eff 8-27-15; Amended at 34 Ok Reg 2221, eff 9-11-17; Amended at 37 Ok Reg 2346, eff 9-11-20]