Section 2870.15 Approval or Disapproval of a Short-Time Compensation Plan

a) The Director will have 45 days from the date of receipt of the STC plan application to approve or disapprove the employer's STC plan application. The Director's decision will be in writing and promptly communicated to the employer by sending the decision approving or disapproving the plan to the employer at its address or email account of record with the Department for purposes of STC. The Director's failure to issue a written decision within 45 days after the date of receipt of the STC plan application shall constitute a decision disapproving the plan.

b) If an employer's STC plan application provides all the required information and certifications and otherwise meets the requirements of Section 502 of the Act, the Director must approve the application.

c) If an employer's STC plan application fails to provide all the required information and certifications, the Director, through an authorized Department employee, will contact the employer to explain how the STC plan application is deficient and to allow the employer the opportunity to correct the deficiency or withdraw the STC plan application.

d) A decision disapproving the STC plan application will clearly identify the reason or reasons for the disapproval of the plan application. A decision disapproving an STC plan application is final.

e) An employer whose STC plan application for a particular affected unit has been disapproved must wait 30 days from the date of the decision of disapproval before submitting another STC plan application for that affected unit.

f) An STC plan shall not be approved if the employer is delinquent in the filing of any reports required under the Act or in the payment of contributions, payments in lieu of contributions, interest, or penalties due under this Act as of the date of the employer's STC plan application. An employer that has appealed its delinquency is still considered to be delinquent for the purposes of this Part.