72-328. COLLECTION OF DELINQUENT ASSESSMENTS — DUTY OF ATTORNEY GENERAL — PENALTIES. (1) If any responsible entity or person required to make payment of an assessment as provided in this act shall fail to make full payment on or before ten (10) days following the time period specified in section 72-327, Idaho Code, for payment of the assessment, it shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the assessment due. Any amount of assessment collected by the attorney general shall be deposited in the industrial special indemnity fund.
(2) Any responsible entity or person who is in default for ten (10) or more days in the payment of the assessment as set forth in this act shall be liable for a penalty for every ten (10) day period or any part thereof during which such failure continues. The penalty shall be in the amount of ten percent (10%) of the amount originally due. It shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the penalty herein provided in addition to any unpaid assessment. Any amount of penalty and assessment collected by the attorney general shall be deposited in the industrial special indemnity fund.
(3) Any responsible surety or person who shall willfully misrepresent the amount of total gross indemnity benefits paid under the provisions of this act shall be liable to the state for a penalty in an amount ten (10) times the difference between the payments made and the amounts that should have been paid had such misrepresentation not been made. It shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the penalty herein provided in addition to any unpaid assessment. Any amount of penalty and assessment collected by the attorney general shall be deposited in the industrial special indemnity fund.
History:
[72-328, added 1997, ch. 206, sec. 4, p. 623.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 3 - SECURITY FOR COMPENSATION
Section 72-301 - SECURITY FOR PAYMENT OF COMPENSATION.
Section 72-301A - ALTERNATIVE MEANS OF SECURING SELF-INSURANCE.
Section 72-302 - REGULATION OF DEPOSIT WITH STATE TREASURER.
Section 72-303 - QUALIFICATION SUBJECT TO REGULATION.
Section 72-304 - PROMPT COMPENSATION PAYMENTS REQUIRED — RULES AND REGULATIONS.
Section 72-305 - CLAIMS SERVICES AND MEDICAL SUPERVISION.
Section 72-306 - RECITALS IN INSURANCE CONTRACTS.
Section 72-306A - DEDUCTIBLE CONTRACT.
Section 72-307 - KNOWLEDGE OF EMPLOYER TO AFFECT SURETY.
Section 72-308 - INSOLVENCY OF EMPLOYER NOT TO RELEASE SURETY.
Section 72-309 - INSURANCE CONTRACT DEEMED REFORMED.
Section 72-310 - MISREPRESENTATION NOT TO AFFECT EMPLOYEE’S RIGHTS.
Section 72-311 - NOTICE OF SECURITY — CANCELLATION OF SURETY CONTRACT.
Section 72-312 - POSTING OF NOTICE REGARDING INSURANCE — PENALTY.
Section 72-313 - PAYMENT PENDING DETERMINATION OF POLICY COVERAGE.
Section 72-314 - PAYMENT OF LIABILITY OF PUBLIC EMPLOYER.
Section 72-315 - ERRONEOUS PAYMENT IN GOOD FAITH.
Section 72-316 - VOLUNTARY PAYMENTS OF INCOME BENEFITS.
Section 72-317 - PERIODICAL PAYMENTS.
Section 72-318 - INVALID AGREEMENTS — PENALTY.
Section 72-319 - PENALTY FOR FAILURE TO SECURE COMPENSATION.
Section 72-320 - COMPENSATION PREFERRED AS WAGES.
Section 72-321 - STATUTORY AGENT OF EMPLOYER WHO HAS NO BUSINESS LOCALE.
Section 72-322 - ASSIGNED RISK.
Section 72-323 - CREATION OF INDUSTRIAL SPECIAL INDEMNITY FUND.
Section 72-324 - MANAGEMENT OF INDUSTRIAL SPECIAL INDEMNITY FUND.
Section 72-325 - STATE TREASURER CUSTODIAN OF FUND — DUTIES.
Section 72-326 - DEPOSIT AND INVESTMENT OF FUND — INTEREST.
Section 72-327 - ASSESSMENT — METHOD OF CALCULATION AND PRORATION — TIME FOR PAYMENT.
Section 72-328 - COLLECTION OF DELINQUENT ASSESSMENTS — DUTY OF ATTORNEY GENERAL — PENALTIES.
Section 72-329 - DISBURSEMENTS.
Section 72-330 - LEGAL REPRESENTATION OF FUND.
Section 72-331 - PAYMENT OF ADMINISTRATIVE EXPENSES.
Section 72-332 - PAYMENT FOR SECOND INJURIES FROM INDUSTRIAL SPECIAL INDEMNITY ACCOUNT.