Effective Date of Rule: Thirty-one days after filing.

     Purpose: These rules give the Washington assigned risk plan (WARP) at its discretion, the authority to provide USL&H and maritime liability coverage for Washington state employers for their Washington employees who temporarily work out-of-state.

     Citation of Existing Rules Affected by this Order: Amending WAC 284-22-040.

     Statutory Authority for Adoption: RCW 48.02.060 and 48.22.070.

      Adopted under notice filed as WSR 10-07-121 on March 23, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: May 13, 2010.

Mike Kreidler

Insurance Commissioner

OTS-2896.1

AMENDATORY SECTION(Amending Order R 92-12, filed 9/16/92, effective 10/17/92)

WAC 284-22-040   Territory.   (1) The assigned risk plan shall provide coverage only for employers who are unable to purchase United States Longshore and Harbor Workers' Compensation Act (USL&H) coverage and maritime employers' liability coverage incidental to such workers' compensation coverage for their operations within the state of Washington.

     (2) The assigned risk plan may, at its discretion, provide USL&H coverage and maritime employers' liability coverage incidental to such workers' compensation coverage for Washington state employers who are unable to purchase USL&H coverage for their Washington employees who temporarily work out-of-state.

[Statutory Authority: RCW 48.02.060 and 1992 c 209. 92-19-095 (Order R 92-12), § 284-22-040, filed 9/16/92, effective 10/17/92.]

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