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2014 SESSION
14101628DBe it enacted by the General Assembly of Virginia:
1. That § 65.2-902 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-902. Failure to make required reports; civil penalty.
A. Any employer, insurance carrier,
self-insurer, group self-insurance association, or third party administrator
who fails to make any report required by the Commission pursuant to this title
shall be assessed a civil penalty of not more than $500 for each failure. If
the Commission determines that any such failure is willful, it shall assess a
civil penalty of not less than $500 and not more than $5,000. The civil penalty
herein provided may be assessed by the Commission in an open hearing with the
right of review and appeal as in other cases. In the
event the employer has transmitted the report to the insurance carrier or third
party administrator for transmission to the Commission, the insurance carrier
or third party administrator failing to transmit the report shall be liable for
the civil penalty.
B. Any civil penalty assessed pursuant to this section shall
be divided equally between and paid
into the administrative
fund established in Chapter 10
(§ 65.2-1000 et seq.) and the Uninsured Employer's Fund
established in Chapter 12 (§ 65.2-1200 et seq.) of this
title. The Commission may add the
costs of collection of such civil penalty to the aggregate civil penalty owed,
in which event such costs shall be paid into the administrative
fund established in Chapter 10
(§ 65.2-1000 et seq.).