SECTION 251.509. Omitted or Newly Created Agencies

(a) In the event that a covered agency is omitted from the annual assessment for any plan year, that agency will promptly:

(1) remit to the Office an assessed amount based on projected payroll and FTEs, as reported by the agency; and

(2) reimburse the Office for all covered losses incurred in that plan year in excess of the assessed amount.

(b) Notwithstanding §251.507(b) of this subchapter:

(1) if an agency has existed for only the two most recent plan years of the weighted three-year rolling average period, then the most recent completed plan year shall constitute 60% of the total for the weighted factors and the next most recent plan year shall constitute 40% of the total for the weighted factors;

(2) if an agency has existed for only the most recent plan year of the weighted three-year rolling average period, then the most recent completed plan year shall constitute 100% of the total for the weighted factors; and

(3) the assessment for an agency that was not in existence during any of the plan years of the weighted three-year rolling average period shall be calculated using that agency's current or projected payroll and FTEs, as reported by the agency, and the agency's actual claims costs, if any.

Source Note: The provisions of this §251.509 adopted to be effective October 8, 2001, 26 TexReg 7877; amended to be effective November 17, 2002, 27 TexReg 10600