(1)The executive director has the discretion to grant to any employer who has
accepted the provisions of articles 40 to 47 of this title permission to be its own
insurance carrier for the payment of the compensation and benefits provided by
said articles. Such permission may be granted by the executive director after the
filing by an employer of such statement and the giving of such information as may
be required by the executive director. The executive director has the sole power to
prescribe the rules, regulations, orders, terms, and conditions upon which said
permit shall be granted or continued. Permission for self-insurance may be revoked
at any time by the executive director, and the employer, upon notice of revocation,
shall immediately insure otherwise all liability.
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(1)
The executive director has the discretion to grant to any employer who has
accepted the provisions of articles 40 to 47 of this title permission to be its own
insurance carrier for the payment of the compensation and benefits provided by
said articles. Such permission may be granted by the executive director after the
filing by an employer of such statement and the giving of such information as may
be required by the executive director. The executive director has the sole power to
prescribe the rules, regulations, orders, terms, and conditions upon which said
permit shall be granted or continued. Permission for self-insurance may be revoked
at any time by the executive director, and the employer, upon notice of revocation,
shall immediately insure otherwise all liability.
(2) Notwithstanding the provisions of subsection (1) of this section, the
executive director shall not prescribe or apply security requirements in granting or
continuing permission for the self-insurance program of the department of human
services established pursuant to section 8-44-203 but shall provide instead for
alternatives to such security requirements including trust funds, surety bonds,
excess insurance, or other security acceptable to the executive director. The
alternative security requirements provided by this subsection (2) shall apply only to
claims arising on or after July 1, 1985, and before July 1, 1990. The trust fund in
existence on May 24, 1990, pursuant to the trust agreement between the
department of human services, a third party administrator, and the state treasurer,
dated June 27, 1985, shall remain in existence through June 30, 1990.
(3) Notwithstanding the provisions of subsection (1) of this section, the
executive director shall not prescribe or apply security requirements in continuing
permission for an employer which is acting as its own insurance carrier on July 1,
1986, which are in excess of those security requirements in effect on July 1, 1986,
unless there is a substantial change in the economic condition or potential liability
of such employer.
(4) Notwithstanding the provisions of subsection (1) of this section, the
executive director shall not prescribe or apply security requirements in granting or
continuing permission for a self-insurance program established by the state
pursuant to section 24-30-1510.7, C.R.S.