Sec. 14.09.13.04. Voluntary Withdrawal from the Self-Insurance Program

A. A self-insurer who voluntarily withdraws its privileges or the privileges of a self-insured subsidiary shall:

(1) Provide written notice to the Commission by personal delivery or by certified mail, return receipt requested, including a:

(a) Recent actuarial report;

(b) Claims payment history for up to 5 years; and

(c) Current loss run; and

(2) Provide the date and time of the intended withdrawal and the carrier name, policy number, and effective date of coverage of the insurer assuming the risk.

B. All former self-insurers and their guarantors shall remain responsible for any and all workers' compensation liabilities incurred during the self-insurance period. The incurred liabilities of a subsidiary or division are not subject to transfer to another entity through a sale unless the liabilities are to be fully covered under a workers' compensation insurance policy or a qualified self-insurance program.