Rule 76: Self-Insurance — Renewal, Termination

Sections 48-145, 48-145.04, R.R.S. 2021.

Effective date: April 25, 2002.

Rule 76(A)

A. An employer desiring to renew approval to self-insure its liability under the Nebraska Workers’ Compensation Act must submit an application to the court 30 days prior to the expiration date shown on the current certificate. Upon receipt of a written request the court, at its discretion, may grant the employer additional time to comply. If the application is not submitted within the time prescribed, approval to self-insure will expire on the date shown on the current certificate or other date specified by the court.

Rule 76(B)

B. All questions on the application for renewal of approval to self-insure must be fully and accurately answered. Such answers shall be given under oath by an authorized officer of the applicant. Each application must be accompanied by:

1. a nonrefundable fee which has been determined in accordance with section 48-145.04(1);

2. a copy of the applicant’s most recent certified financial statement, and;

3. any other information, including supporting documentation, as requested by the court.

Rule 76(C)

C. Upon receipt of the application and all fees, supporting documentation, and other information, approval to self-insure will be extended until the employer is provided a certificate evidencing renewal of approval to self-insure or until the employer is notified of nonrenewal and the date approval to self-insure will expire.

Rule 76(D)

D. The application, supporting documentation, and other information will be analyzed and continued approval to self-insure will be in accordance with Rules 72,A and 72,B.

Rule 76(E)

E. After reviewing the application and all supporting documentation and other information, the court will send written notice of renewal or nonrenewal of approval, or requirements for further consideration. If the court has additional requirements, the employer will have 30 days to comply. Upon receipt of a written request the court, at its discretion, may grant the employer additional time to comply. If all requirements are not met within the time prescribed, the application for renewal shall be considered denied and approval to self-insure will expire on the date specified by the court.

Rule 76(F)

F. An applicant denied renewal of approval to self-insure may not reapply for one year after receipt of notice of denial.

Rule 76(G)

G. An employer may voluntarily terminate approval to self-insure prior to the expiration date shown on the current certificate by providing the court with written notice of the reason for termination, the date and time of the intended termination, the name of the insurer assuming the risk after termination, and the policy number and effective date of the workers’ compensation insurance policy.