(1) A decision of the board shall be final and not subject to appeal unless the employer, insurance company, or Pinnacol Assurance provides written notice to the office of the commissioner of insurance, who shall determine whether a job misclassification occurred, as required pursuant to section 8-44-108. An employer may hold disputed premium amounts in abeyance from the date an appeal is filed pursuant to section 8-55102 until the later of:
The date a final decision is made by the board concerning such appeal; or
The date of any written decision of the commissioner of insurance issued pursuant tosubsection (3) of this section.
Each employer, insurance company, or Pinnacol Assurance, as the case may be, shallbe advised of the right to appeal to the office of the commissioner of insurance.
An employer, insurance company, or Pinnacol Assurance shall provide written noticeof an appeal to the commissioner of insurance within thirty days after the date of the board's decision. The commissioner shall review any decision of the board properly appealed pursuant to this section and shall provide a written decision within thirty days after the request for such review.
Any employer that holds disputed premium amounts in abeyance pursuant to subsection (1) of this section and loses its appeal shall pay the disputed premium amount plus interest at the rate of one percent of such disputed amount per month. Such interest shall accrue from the date of the premium rate increase to the date of payment.
Source: L. 96: Entire article added, p. 1143, § 1, effective October 1. L. 2002: IP(1), (2), and (3) amended, p. 1890, § 48, effective July 1.