(a) Applicability. This subsection applies to notices
required to be submitted by non-subscribing employers to the division
before January 1, 2013. An employer, as defined by Labor Code §406.001,
that does not have workers' compensation insurance coverage (non-subscriber)
and whose employees are not exempt from coverage under the Workers'
Compensation Act (Act) shall provide the division a notice of non-coverage,
in the form and manner prescribed by the division. The notice required
by this subsection shall be provided, the earlier of the following:
(1) 30 days after receiving a division request for
the filing of a notice of non-coverage and annually thereafter on
the anniversary date of the original filing; or
(2) 30 days after hiring an employee who is subject
to coverage under the Act, and annually thereafter on the anniversary
date of the original filing.
(b) Applicability. This subsection applies to notices
required to be submitted by non-subscribing employers to the division
on or after January 1, 2013.
(1) A non-subscriber whose employees are not exempt
from workers' compensation insurance coverage under the Act shall
submit a notice of non-coverage to the division annually between February
1st and not later than April 30th of each calendar year. The period
of the notice shall cover from May 1st of the same year the notice
is submitted through the end of April of the subsequent year.
(2) In addition to the notice required by paragraph
(1) of this subsection, a non-subscriber shall submit to the division
a notice of non-coverage not later than the 30th day after the date
the employer hired its first employee who is subject to coverage under
the Act, unless this due date falls within the same time period described
by paragraph (1) of this subsection and the employer submits the notice
within that time period. A non-subscriber shall also provide the division
with a notice of non-coverage not later than the 10th day after receipt
of a division request for the information.
(3) The notices required by paragraphs (1) and (2)
of this subsection shall be filed with the division in writing or
electronically in the form and manner prescribed by the division and
shall contain:
(A) a statement that the employer does not have workers'
compensation insurance coverage;
(B) a statement of whether the employer had a death,
injuries that resulted in the injured employee's absence from work
for more than one day, or knowledge of an occupational disease since
the last report of no coverage;
(C) the employer's business name;
(D) the federal employer identification number (FEIN);
(E) the employer's business mailing address;
(F) the employer's business type;
(G) the employer's North American Industry Classification
System (NAICS) code(s);
(H) additional business locations (including name,
FEIN, and address concerning each additional location); and
(I) the date the form was completed and the name, title,
telephone number, email address, and signature of the person providing
the information required by this subsection.
(c) Employers are responsible for timely and accurate
notice under this section. A notice required by this section is considered
filed with the division only when it accurately contains all of the
data elements specified under subsection (b) of this section and is
received by the division.
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