House Journal: Page 2241: Tuesday, June 3, 2003
Page 30
1 86.12 FAILURE TO REPORT.
2 The workers' compensation commissioner may require
3 any employer to supply the information required by
4 section 86.10 or to file a report required by section
5 86.11 or 86.13 or by agency rule, by written demand
6 sent to the employer's last known address. Upon
7 failure to supply such information or file such report
8 within twenty thirty days, the employer may be ordered
9 to appear and show cause why the employer should not
10 be subject to civil penalty assessment of one hundred
11 thousand dollars for each occurrence. Upon such
12 hearing, the workers' compensation commissioner shall
13 enter a finding of fact and may enter an order
14 requiring such penalty assessment to be paid into the
15 second injury fund created by sections 85.63 to 85.69.
16 In the event the civil penalty assessed assessment is
17 not voluntarily paid within thirty days the workers'
18 compensation commissioner may file a certified copy of
19 such finding and order with the clerk of the court for
20 the district in which the employer maintains a place
21 of business. If the employer maintains no place of
22 business in this state service shall be made as
23 provided in chapter 85 for nonresident employers. In
24 such case the finding and order may be filed in any
25 court of competent jurisdiction within this state.
26 The workers' compensation commissioner may
27 thereafter petition the court for entry of judgment
28 upon such order, serving notice of such petition on
29 the employer and any other person in default. If the
30 court finds the order valid, the court shall enter
31 judgment against the person or persons in default for
32 the amount due under the order. No fees shall be
33 required for the filing of the order or for the
34 petition for judgment, or for the entry of judgment or
35 for any enforcement procedure thereupon. No
36 supersedeas shall be granted by any court to a
37 judgment entered under this section.
38 When a report is required under section 86.11 or
39 86.13 or by agency rule, and that report has been
40 submitted to the employer's insurance carrier and no
41 report of injury has been filed with the workers'
42 compensation commissioner possesses the information
43 necessary to file the report, the insurance carrier
44 shall be responsible for filing the report of injury
45 in the same manner and to the same extent as an
46 employer under this section.
47 Sec. ___. NEW SECTION. 86.13A COMPLIANCE
48 MONITORING AND ENFORCEMENT.
49 The workers' compensation commissioner shall
50 monitor the rate of compliance of each employer and
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