58-20-15. Equitable apportionment among insurers of applicants for policies--Participation by all insurers--Appeal to director--Judicial review.
After consultation with insurers authorized to issue workers' compensation policies in this state, the director shall provide or approve a reasonable plan or plans for the equitable apportionment among such insurers of applicants for such workers' compensation policies who are in good faith entitled to but unable to procure such policies through ordinary methods. The director may approve applicants who are only able to procure workers' compensation policies at a rate that substantially exceeds that of the rate in the plan. When any such plans have been made by or been approved by the director, all such insurers shall subscribe thereto and participate therein. Any applicant for any such policy, any person insured under any such plan, and any insurer affected thereby, may appeal to the director from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved hereunder by any order or act of the director may, within ten days after notice thereof, file a petition in the circuit court for the county of Hughes, or in the circuit court for the county in which applicant is a resident, for a review thereof. The court shall summarily hear the petition and make any appropriate order or decree.
Source: SL 1966, ch 111, ch 29, §15; SL 2004, ch 306, §2.
Structure South Dakota Codified Laws
Chapter 20 - Workers' Compensation Insurance
Section 58-20-1 - Definition of terms.
Section 58-20-2 - Policies subject to chapter.
Section 58-20-3.1 - Premiums based on certain wages prohibited.
Section 58-20-4 - Separate coverage of workers' compensation liabilities.
Section 58-20-10 - Notice to either employer or insurer--Required policy provision.
Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.
Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.
Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.
Section 58-20-16 - Reinsurance reserve--Amount required.
Section 58-20-20 - Annual statement--Inclusion of experience schedule.
Section 58-20-22 - Premium reductions and premium increases for certain insurers.
Section 58-20-23 - Liability for indemnity compensation or medical loss defined.
Section 58-20-24 - Policy to provide medical services and health care.
Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.
Section 58-20-26 - Electric utilities authorized to form self-insurance associations.
Section 58-20-27 - Application for self-insurance association--Form.
Section 58-20-28 - Requirements to obtain self-insurance certificate.
Section 58-20-29 - Granting self-insurance application--Revocation.
Section 58-20-30 - Examination of self-insurance association's activities and records.
Section 58-20-31 - Promulgation of rules governing self-insurance associations.
Section 58-20-32 - Voluntary termination of participation in self-insurance association.
Section 58-20-33 - Involuntary termination of membership in self-insurance association.
Section 58-20-35 - Annual report of affairs of self-insurance associations.
Section 58-20-36 - Dissolution of self-insurance association to be approved by department.
Section 58-20-37 - Deficiency of self-insurance associations made up by members.
Section 58-20-38 - Revocation of self-insurance association's certificate.
Section 58-20-39 - Self-insurance association not an insurance company.
Section 58-20-40 - Proceedings or investigations by department.