<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 31.08.09.08" title_num="31" subtitle_num="08" chapter_num="09" heading="Application for Certificate of Authority.">
  <paragraph num="A.">
    <text>A person or entity may not act as a workers' compensation self-insurance group except as so authorized by the Commissioner.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Application for a certificate of authority shall be made to the Commissioner on a form prescribed by him and shall include a $25 nonrefundable filing fee.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The application form shall be accompanied by the following:</text>
    <paragraph num="(1)">
      <text>A list of the names of the members of the group, to include each member’s:</text>
      <paragraph num="(a)">
        <text>Corporate name;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Main business address;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>State of domicile; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Date upon which the member’s fiscal year ends;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Proof of compliance with the requirements of these regulations;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A copy of the group's articles of association, if any;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A copy of agreements with the administrator and with any service company;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A copy of the group's bylaws, which shall contain, at a minimum:</text>
      <paragraph num="(a)">
        <text>A copy of or written description of the underwriting standards for acceptance and continuance in the group;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A copy of or written description of the method for selecting the board of trustees and administrator of the group;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A list of the members of the board of trustees and the term of office of the board of trustees; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A copy of or written description of the method for amending the group's bylaws;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A copy of regulations adopted by the trustees, which shall be binding on the administrator and service company and which shall contain, at a minimum:</text>
      <paragraph num="(a)">
        <text>A description of the manner in which excess funds and claim reserves shall be invested;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the frequency and extent of loss control and safety engineering services provided to members of the group;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The size of the common claim fund;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A schedule for the collection of premiums, including a definition of “delinquent premium”;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A copy of or written description of the membership, admission, and expulsion procedures;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A copy of or written description of the delineation of authority granted to the administrator, board of trustees, and service company; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A copy of the procedures for handling disputes regarding premium payments by members;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>A copy of the agreement between the group and each member securing the payment of workers' compensation benefits;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A list of the initial board of trustees and administrator of the group;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The address in this State where the books and records of the group will be maintained at all times;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>A financial statement on a form acceptable to the Commissioner showing the financial ability of the group to pay the workers' compensation obligations of its members;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Proof of payment to the group by each member of not less than 25 percent of that member's first year estimated annual net premium on a date prescribed by the Commissioner;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>A statement outlining the guidelines used to determine the types of businesses eligible for membership in the group;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Copies of executed agreements with each member assuming joint and several liability for obligations of the group in the event of insolvency of the Self-Insurers' Guaranty Fund;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>A description of the arrangements whether in-house or under contract, for handling claims; and</text>
    </paragraph>
    <paragraph num="(15)">
      <text>A report on the financial condition of each member in a format acceptable to the Commissioner, based on each member’s most recent fiscal year-end data, which shall include the following information for each member:</text>
      <paragraph num="(a)">
        <text>Total assets;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Total liabilities and net worth;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Total sales or revenues;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Net profit;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The member’s fiscal year-end date; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The basis for reporting the financial information, including whether the report was prepared by a certified public accountant and presented in conformity with generally accepted accounting principles.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>At the request of the Commissioner, the group shall submit additional financial information or financial statements for any or all members of the group.</text>
  </paragraph>
  <paragraph num="E.">
    <text>To obtain and maintain its certificate of authority, a group shall comply with the following requirements, as well as with any other requirements established by law or regulation:</text>
    <paragraph num="(1)">
      <text>Provide notice to the Commissioner as soon as practicable of any change in the information required to be filed under §B or C of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Maintain combined net assets of all members of at least $1,000,000 as shown by the most recent annual financial report of one or more members, each of which is prepared by an independent certified public accountant and in conformity with generally accepted accounting principles, and submitted on behalf of the group as a whole.</text>
    </paragraph>
  </paragraph>
</regulation>