W. Va. Code R. § 85-11-18

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-11-18 - Removal From the Default List

18.1. The Commissioner shall remove the employer from the Default List if an employer has met all of its legal, fiscal or other obligations pursuant to chapter twenty-three of the West Virginia Code and the rules promulgated thereunder, including, but not limited to, providing proof of current West Virginia workers' compensation coverage and paying all amounts owed under c hapter twenty-three of the West Virginia Code.

18.2. An employer on the Default List shall be permitted at any time to make a written request to the Commissioner for removal from the Default List: Provided, That such request is accompanied by evidence not previously submitted to the Commissioner which indicates that the employer making the request has met its obligations described in subsection 18.1 of this section and therefore is entitled to be removed from the Default List.

18.3. Employers may file a petition with the Commissioner requesting an administrative hearing before the Commissioner if they believe they should be removed from the Default List: Provided, That the Commissioner reserves the right to summarily deny an employer's petition for a hearing if the Commissioner determines that the employer presented no new evidence to the Commissioner in support of its written request for removal, is presenting evidence of no probative value or is otherwise making a frivolous request.

W. Va. Code R. § 85-11-18